HomeMy WebLinkAbout1996-145 Agrmt - LEDS/NCIC
LAW ENFORCEMENT DATA SYSTEMS
AND
OREGON CRIMINAL HISTORY (CCH) FILE
AGENCY AGREEMENT
I. PARTIES TO THE AGREEMENT.
The parties to this agreement are:
(1) The Ashland Police Department and Ashland Communications
Department (PSAP)
(2) SOUTHERN OREGON STATE COLLEGE SECURITY
(HEREAFTER CALLED THE USER AGENCY)
11. PURPOSE OF THE AGREEMENT.
The purpose of this Agreement is to ensure that the
Secondary User understands and agrees to adhere to the
rules, policies and procedures for use of the Oregon Law
Enforcement Data System (ZEDS) , National Crime Information
Center (NCIC) and other systems accessed via LEDS.
NCIC and LEDS policies require that such an agreement
be in effect between a State system, Primary User (Ashland
Police Department) and any other agency or Secondary User
(Southern Oregon State College Security) with access to
LEDS/NCIC.
111. INCORPORATED DOCUMENTS.
The following documents are incorporated into this
Agreement by reference. The Secondary User agrees to adhere
to the rules, policies and procedures specified in these
two documents.
A. 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.
IV. STANDARDS
The Secondary User agrees to establish and maintain security
standards, audit standards and training standards adequate
to ensure system security.
The Secondary User shall comply promptly with all
directives of NCIC and LEDS regarding actions designed to
assure compliance with standards set forth in this
agreement.
The Primary User shall have the discretion to require the
Secondary User°s compliance with the standards by taking
such action as the circumstances of non-compliance or risks
of non-compliance require in the particular case.
Examples of remedial action may include informal verbal
requests for curative action by the Secondary User and/or
retraining in the demonstrated area of risk.
V. TERM AND TERMINATION
This Agreement shall become effective on the date of
execution by the last party indicated below and shall
extend until March 30, 1998, unless sooner terminated by
mutual consent of the parties or by one party on no fewer
han 30 days written notice.
Primary User
ASHLAND POLICE DEPT
%*Y -4y've'd
NAME OF P SON SIGNING
TITLE
4"1
SIGN URE
VE
Secondary User
SOUTHERN OREGON STATE COLLEGE
SECURITY
Joey Ngan
NAME OF PERSON SIGNING
Director, SOSC. Security & Safety
TITLE
SIGN UR
April 24, 1996
DATE
g:\barb\leds\agree2
DEPARTMENT OF
STATE POLICE
IDENTIFICATION
SERVICES SECTION
October 19, 1993
C?C
(
Joey Ngan, Administrator Fir&sf? a.
Southern Oregon State College'
Department of Public Safety
1250 Siskiyou Blvd. _J
Ashland, Oregon 97520-5091
Enclosed are new agency agreements controlling access to Oregon's
Criminal Offender Information System.
Please sign both agreements, retain the copy with the
Administrative Rules attached for your files and return the
original to this Section, ATTN: Sergeant Laird.
Sincerely
Lieutenant Clifford W. Daimler, Director
Identification Services Section
Forensic Services Division
CWD:anp/id
Enclosure
BCI-AGREMNTS:\SOSC-DPS.LTR
3772 Portland Rd. NE
Salem, OR 97303
(503) 378-3070 (Voice/TDD)
FAX (503) 378-2121
OREGON CRIMINAL OFFENDER INFORMATION SYSTEM
COMPUTERIZED CRIMINAL HISTORY (CCH) FILE
AGENCY AGREEMENT
This agreement is by and between the Oregon State Police,
hereinafter referred to as OSP and the Southern Oregon State
College - Department of Public Safety, hereinafter referred to as
the Agency.
Under the terms of this agreement, the Agency warrants that it is
a criminal justice agency pursuant to ORS 181.010(8).
Under the terms of this agreement, the OSP will disseminate to the
Agency all significant criminal offender information, contributed
by criminal justice agencies, as is available in the OSP CCH files.
The Agency further agrees:
1. To abide by all published rules, policies, and procedures
promulgated by the OSP governing the administration and
operation of the Oregon Criminal Offender Information System
and/or the Federal Bureau of Investigation, National Crime
Information Center, Criminal Offender Record Program.
2. That it is warranted that all personnel have or will be, so
screened as to prohibit access to any CCH records by persons
so restricted in the following section 3, including any person
who has other than restricted or escorted access to such
information.
3. That no person who has been convicted of a crime which could
have resulted in a sentence to a federal or state penitentiary
will be allowed to operate a terminal accessing CCH files or
otherwise have access to criminal offender information, and
that requests for extraordinary circumstance exceptions to
this requirement will be promptly submitted, in writing, to
the Superintendent of the OSP.
4. That criminal offender information received from OSP will not
be used for any purpose other than that for which it was
obtained, will not be disseminated to unauthorized persons or
agencies, and will be maintained in secure files until
destroyed by burning or shredding.
CCH Agency Agreement
Page Two
5. That it will, to the maximum extent feasible, promptly furnish
to OSP all Agency information necessary to ensure that all
criminal offender information contained in the CCH file is
kept as complete and current as possible.
6. That Originating Agency Identification Number (ORI) OR0151300
will be used when accessing criminal offender information.
7. That criminal offender information will be furnished to
authorized Agency staff via LEDS terminal or upon written or
telephonic application to the OSP, Identification Services
Section.
8. That criminal offender information obtained as a
pre-employment screening check previously described in
sections 2 and 3 of this agreement will be kept separate from
individual personnel files.
CCH Agency Agreement
Page Three
All parties mutually agree that:
A. Violation of any provisions of this agreement, including
attachments, executive orders, published rules, policies, or
procedures promulgated by the OSP governing the operation of
the Oregon Criminal Offender Information System and/or the
FBI/NCIC Criminal Offender Record Program, may cause immediate
suspension of the Agency's Authorization to access such
information. Reinstatement will be effected only upon
demonstration by the Agency that the cause of such violation
has been corrected. Final determination as to the
reinstatement of any Agency so suspended will be the
responsibility of the OSP.
B. Any contested action relating to this agreement will be
conducted under provisions of the Administrative Procedures
Act, ORS Chapter 183.
C. This agreement will expire thirty (30) days after the Agency
official signing below no longer holds the described office.
A new CCH Agency Agreement must be executed with the OSP by
the new Agency official within the above thirty (30) day
period to avoid interruption in accessing CCH information.
D. This agreement may be cancelled by any party hereto, upon
thirty (30) days notice in writing, directed to all parties
subscribing hereto:
OREGON STATE POLICE
FORENSIC SERVICES DIVISION
IDENTIFICATION SERVICES SECTION
OFFICIAL Lieutenant Clifford W. Daimler
TIT
SIGNATURE
DATE 101), 71q-3
AGENCY
OFFICIAL Joey Ngan
TITLE A st ator
SIGNATURE l
DATE ?/? 1
October 8, 1993
Joey Ngan, Administrator
Southern Oregon State College
Department of Public Safety
1250 Siskiyou Boulevard
Ashland, OR 97520-5091
DEPARTMENT OF
STATE POLICE
LAW ENFORCEMENT
DATA SYSTEM
Dear Mr. Ngan:
Your request for direct LEDS/NCIC system access for the Southern Oregon State
College Department of Public Safety has been granted. Your agency's Originating
Agency Identifier (ORI) is OR0151300 and should be used in all future LEDS/NCIC
system transactions.
As agency administrator, you will have a couple of responsibilities that should be
taken care of as soon as possible. Please sign the enclosed LEDS User
Agreement, keep a copy for your file, and return the original to LEDS. You will
also need to designate a LEDS Representative. I am enclosing a copy of a letter
that we send to all newly appointed LEDS Representatives to give you an idea of
the responsibilities associated with this position. This should assist you in
determining whom to select for this position. Please advise me via letter once you
have appointed your LEDS Rep.
The Oregon State Police Indentification Services Section will send you an Oregon
Computerized Criminal History Agreement that must be signed by you before you
we can establish direct access to the CCH file.
Don't hesitate to call me if I can be of further assistance.
Welcome to the system.
Sincerely,
Clancy Griffith, iditor
Law Enforcement Data System
cc: Sgt. Laird, OSP
Barbara Robert,
Governor
ei o
400 Public Service Bldg.
Salem, OR 97310
(503) 378-3054
FAX (503) 363-8241)
LAW ENFORCEMENT DATA SYSTEM
USER AGREEMENT
PARTIES TO THE AGREEMENT
The parties to this agreement are:
(1) The Executive Department, Law Enforcement Data System of the State
of Oregon (hereinafter called LEDS; and the agency identified below
(hereinafter called User Agency).
(2) SOUTHERN OREGON STATE COLLEGE - DEPT. OF PUBLIC SAFETY
II_ 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 (ZEDS), 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.
in. COMPLIANCE AUDITS.
From time to time LEDS will audit 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 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 m cooperating with
any audit.
-I-
VII. 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 an arrest or
citation document of any kind, inquiry prior to the release of a person who has been
incarcerated, inquiry upon those who appear at a custodial facility to visit inmates, etc.
VIII. RECORD VALIDATION
The User Agency agrees to regularly validate and confirm records it has entered into
LEDS and NCIC are complete, accurate and still outstanding or active, following the
procedures specified in the LEDS Operating Manual.
IX. COMPLETENESS AND ACCURACY
The User Agency agrees to maintain it's 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 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 original 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, name/driver's 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 finding
information in the record is incorrect or invalid.
X. TEN-MINU M 19T CONFIRMATION
The User Agency agrees to adhere to the ten-minute hit 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, the originating agency or
it's designated alternate must, within ten (10) minutes, 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 conform the status of the record
-3-
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, 1995, 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 LEDS
Southern Oregon State College Law Enforcement Data System
Agency Name Agency Name
Joey N a a n Lloyd Smith
Name of Person Signing Name of Person Signing
Director/Dept.of Public Safety Manager
Title Title
Si re lure
Date Date
-5-
LEDS - PRIVACY AND SECURITY ISSUES.
I. Introduction.
'I. Privacy Law.
A. Historical Development of Right to Privacy.
1. NOT specifically mentioned anywhere in Constitution or Bill of
Rights.
2. First Mentioned in Law Review Article.
a. Brandeis, L., The Right to Privacy, 4 Harvard Law
Review, 193(1890).
b. Asserts that individuals should have * * * full
protection in person and in property * * * (p. 193).
C. " * * * The right to life has come to mean the right to
enjoy life - the right to be let alone-"
3. Olmstead v. U.S., 277 US 438 (1928).
a. Wiretap case - Brandeis wrote dissenting opinion
discussing violation of Right to Privacy.
4. Griswold v. Connecticut, 81 US 479, F5 S Ct 1678, 14 L Ed 2d
510 (1965).
a. First case where Right to Privacy recognized by U.S.
Supreme Court.
b. Justice Douglas writing for plurality of the court
stated that the guarantees in the Bill of Rights had
"penumbras" which create "zones of privacy".
C. FACTS: Connecticut imposed criminal penalties for use of
contraceptives; Defendants convicted as "accessories" for
giving advice and information on contraception to married
couples.
5. Right to Privacy Act of 1974 (5 U.S. Code S 552a).
a. Congressional Findings:
"The Congress finds that-
"(1) the privacy of an individual is directly affected by
the collection, maintenance, use and dissemination of
personal information by Federal agencies;
"(2) the increasing use of computers and sophisticated
information technology, while essential to the efficient
operations of the Government, has greatly magnified the
harm to individual privacy that can occur from any
collection, maintenance, use, or dissemination of
personal information;
"(3) the opportunities for an individual to secure
employment, insurance, and credit, and his right to due
process, and other legal protections are endangered by
the misuse of certain information systems;
"(4) the right to privacy is a personal and fundamental
right protected by the Constitution of the United States;
and
"(5) in order to protect the privacy of individuals
identified in information systems maintained by Federal
agencies, it is necessary and proper for the Congress to
regulate the collection, maintenance, use, and
dissemination of information by such agencies."
b. Directly applies ONLY to Federal Agencies.
6.. U.S. Constitutional Provisions:
a. First Amendment:
Freedom of religion, speech, and press; right to assemble
and petition. Congress shall make no law respecting an
establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech,.or
of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of
grievances.
b. Ninth Amendment:
Rights retained by people. The enumeration in the
;Constitution, of certain rights, shall not be construed
to-deny or disparage others retained by the people.
C. Fourteenth Amendment:
Section 1. Citizenship; privileges and immunities; due
process; equal protection. * * * No State shall make or
enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall
any State deprive any person of life, liberty, or
property, without due process of law; nor deny to any
person within its jurisdiction the equal protection of
the laws.
7. Oregon Constitutional Provisions.
a. Article I, section 2 and 3: Freedom of Religion.
b. Article I, section 8: Freedom of Speech and Press.
C. Article 1, section 33: Enumeration of rights not
exclusive. This enumeration of rights, and privileges
shall not be construed to impair or deny others retained
by the people.
B. Civil Liability for Breach of Privacy Rights.
1. Tort - Injury or wrong committed to the person or property of
another and pursued by the injured party.
2. Generally: Restatement II, Torts, Section 652 A (1977, supp
1989).
a. Section 652A. General Principle;
"One who invades the right of privacy of another is
subject to liability for the resulting harm to the
Q}+ interests of the other."
c_ b. Section 652B. Intrusion upon Seclusion;
y
?j
L "One who intentionally intrudes, physically or otherwise,
upon the solitude or seclusion of another or his private
? affairs or concerns, is subject to liability to the other
C for invasion of his privacy, if the intrusion would be
"
s highly offensive to a reasonable person.
(i.e.
information improperly obtained)
c. Section 652D. Publicity Given to Private Life;
r "One who gives publicity to a matter concerning the
private life of another is subject to liability to the
other for invasion of his privacy, if the matter
v: ?Y publicized is of a kind that
"(a) would be highly offensive to a reasonable person,
and
"(b) is not of legitimate concern to the public."
(i.e. even if true, information should be kept private!)
d. Section 652E. Publicity Placina Person in False Licht;
"One who gives publicity to a matter concerning another
that places the other before the public in a false light
is subject to liability to the other for invasion of his
privacy, if
"(a) the false light in which the other was placed would
be highly offensive to a reasonable person, and
"(b) the actor had knowledge of or acted in reckless
disregard as to the falsity of the publicized matter and
the false light in which the other would be placed."
(i.e. release of information results in false inference)
3. Oregon Privacy Tort Law:
a. The privacy tort " * * * Restatements are not necessarily
authoritative statements of the law of this state * * * "
Anderson v. Fisher Broadcasting Co., 300 Or 452, 460, 712
p2d 802 (1986).
b. " * * * [I)n Oregon the truthful presentation of facts
concerning a person, even facts that a reasonable person
would wish to keep private, and that are not
'newsworthy,' does not give rise to common-law tort
liability for damages for mental or emotional distress
unless the manner or purpose of defendants conduct is
wrongful in some respect apart from causing the
plaintiff's hurt feelings." Anderson, p. 469.
C. Oregon Public Records Law (ORS 192. 410 gt sea.)
1.
J
2.
3.
General rule: Requires disclosure of public records unless
specific exemption applies. (ORS 192.420) Every "writing"
containing information relating to the public's business,
(including electronic storage), will be considered a "public
record." ORS 192.410(4)
a. ORS 192.420: "Every person has a right to inspect any
public record of a public body in this state except as
otherwise expressly provided * * * "
b. Presumption - Record is Disclosable.
Exception: ORS 192.501(3) provides that investigatory
Lnformation compiled for criminal law purposes,, not including
"record of _arrest or tbS report of a crime," is exempt.
a. "Investigatory Information" has been thus far interpreted
broadly by the courts to cover any type of information
compiled in connection with a legitimate law enforcement
purpose.
b. Jensen v. Schiffman, 24 Or App 11, 15, 544 P2d 1048
(1976), utilizing the Freedom of Information Act as a
guide, holds that "investigatory records" are exempt from
disclosure if the production of the records would:
-interfere with enforcement proceedings;
-deprive person of a fair trial;
-constitute unwarranted invasion of personal privacy;
-disclose identity of confidential source;
-disclose investigative techniques and procedures; or
-endanger life or physical safety of law enforcement
personnel.
Ls2
Exception: ORS 192.502(3) protects information received in "
confidence if all of the following are true: CIn W
a.• The information should be considered confidential;
b. Recipient agency obliged itself in good faith not to
disclose; and
c. Public interest would suffer by disclosure.
4. Exception: ORS 192.502(7) protects any public records or
information the disclosure of which is prohibited by federal
law or regulations.
a. Federal Regulations (28 CFR §§ 20.21, 20. and 20.33)
restrict dissemination of NCIC criminal history record
information.
5. Exception: ORS 192.502(8) protects information the disclosure
of which is prohibited or restricted or otherwise confidential
or privileged under Oregon law.
a. ORS 181.540: "Notwithstanding the provisions of [The
Public Records Law] relating to public records, the * * *
records and reports compiled [by LEDS pursuant to state
statute] are confidential and exempt from public
inspection * * * ."
b. These records can be released:
-By court order;
-By OSP rules relating to CCH;
-By statutory authority (Eg. Employment Records;
Reporting to Teacher Standards.)
6. Exception: ORS 192.502(9) protects information furnished by
one public body to another, if "the considerations originally
giving rise to the confidential or exempt nature" remain
applicable.
a. This means if the agency giving you the information wants
it kept confidential, it should remain confidential.
J 7. Dut to Se orate D osable and Nondisclosable Data,
a. ORS 1 * * * [T]he pu c s a separate
the exempt and nonexempt materials and make the nonexempt
material available for examination."
III. LEDS Access and Dissemination Restrictions.
A. Definitions:
1. "Criminal Justice Agency" means: [OAR 107-50-15(5)]
a. Courts;
3
b. Any government agency or subunit which
-Performs the "administration of criminal justice"
pursuant to statute or executive order, and
-Allocates substantial part of budget to
"administration of criminal justice."
2. "Administration of Criminal Justice" means: [OAR 107-50-
15(7)]
a. Performance of any of the following activities:
detection, apprehension, detention, pretrial release,
post trial release, prosecution, adjudication,
correctional supervision, or rehabilitation of accused
persons or criminal offenders.
-Includes criminal identification activities and the
collection, storage, and dissemination of criminal
history record information.
-Criminal justice employment investigations are included,
as is the licensing of or issuing of a permit for a
weapon or explosive when required to be performed by a
criminal justice agency, pursuant to s federal, state or
local law. (Includes firearms dealers and purchasers,
carriers of concealed weapons, dealers and purchasers,
carriers of concealed weapons, explosives dealers and
users and lethal weapons dealers and users).
-Includes State and Federal Inspector General offices.
-Defense_ of accusedpersonswhether by private counsel,
plic d-efe-h-der or other court appointed counsel is not
included in the definition of the administration,'o-f ----
crim-- ina-1- jus
3. "Criminal Justice Purpose" means: [OAR 107-50-15(6)]
a. The "administration of criminal justice."
B. General Rules for Information Access and Dissemination.
1. Disseminate ONLY to "Criminal Justice Agency" for "Criminal
Justice Purpose."
2. "Each user must observe any restrictions placed on the use or
dissemination of information by its source." [OAR 107-50-0301
C. Specific Types of Information and Records.
1. "INVESTIGATIVE FILES".
a. Definition [OAR 107-30-015(8)]: Computerized records and
files "established to assist in law enforcement
investigations or to enhance other criminal justice
purposes."
b. Examples:
Outstanding arrest warrants and other wanted persons;
missing persons; unidentified person; restraining orders;
lost or stolen identification; Psychiatric Security
Review Board Orders; persons who have threatened a Secret
Service protectee; stolen, repossessed, impounded
vehicles; stolen vehicle license plates, vehicle parts,
vehicle identification plates and title certificates;
vehicles used in the commission of a felony; stolen and
pawned firearms; stolen securities; stolen boats and
associated equipment; other stolen and pawned property.
C. DISSEMINATION RESTRICTIONS:
Only for "official" CRIMINAL JUSTICE PURPOSE.
d. PUBLIC INQUIRIES:
-Refer to "agency holding the case."
2. "CCH" (Oregon computerized Criminal History Records).
a. ACCESS RESTRICTIONS:
-Terminals limited to "criminal justice agencies."
-"Criminal Justice Agency" - Governor, Criminal Courts,
Attorney General, D.A.'s (and other prosecutors), 'Law
Enforcement Agencies, Corrections Division, Parole
Board, and any other agency designated by the Governor.
-Access ONLY when required to fulfill legal
responsibilities.
-Access ONLY for "valid reason" to obtain.
b. DISSEMINATION RESTRICTIONS:
-Only for "official purposes."
-No Dissemination to persons or agencies "outside the
criminal justice community."
C. PUBLIC INQUIRIES:
-Refer to OSP.
-NOTE: OSP Administrative Rules and State Statutes allow
dissemination for private employment checks and for the
offender to inspect and challenge CCH entries.
3. "NCIC - III" (National Crime Information Center - Interstate
Identification index).
a. ACCESS AND DISSEMINATION RESTRICTIONS:
r -Restricted to Criminal Justice Agencies "in the
discharge of their official responsibilities" (i.e.
criminal justice purpose).
b. PUBLIC INQUIRIES:
-Refer to FBI.
4. MVD (Oregon Motor Vehicle Records).
a. DISSEMINATION RESTRICTIONS:
-ONLY for authorized Criminal Justice Purposes.
-CANNOT access to collect taxes or parking fines/fees.
-Authorized LEDS Purposes: [OAR 107-50-30(4)(e)]
i) Traffic and criminal investigations and
prosecutions.
ii) I.D. of vehicles towed or impounded by police.
iii) Screening employees with LEDS access.
iv) School bus driver applications.
b. PUBLIC INQUIRIES:
-Refer to MVD.
-NOTE: MVD can give out more information than LEDS; MVD
can charge for that access.
5. "NLETS" (National Law Enforcement Telecommunications System).
a. Definition: Provides link to criminal justice
information systems in other states.
b. ACCESS AND DISSEMINATION RESTRICTIONS:
-CRIMINAL HISTORY - ONLY to Criminal Justice Agencies.
-MOTOR VEHICLE RECORDS - Governed primarily by policies
in other states.
C. PUBLIC INQUIRIES:
-Refer to state and agency holding the record.
6. "CORRECTIONS CLIENT RECORDS":
a. Definition: Contains records of persons under active
supervision of corrections agency. ,
-Entries ONLY as authorized by Oregon Corrections
Division.
b. ACCESS AND DISSEMINATION RESTRICTIONS:
-Restricted to Criminal Justice Agency for Criminal
Justice purpose.
C. PUBLIC INQUIRIES:
-Refer to agency holding record.
7. "ADMINISTRATIVE MESSAGES":
a. ACCESS AND DISSEMINATION RESTRICTIONS:
-All messages must be by authority of authorized user.
-Use is restricted to Criminal Justice Purposes EXCEPT:
-Emergency Public Safety Messages (e.g. storms,
disasters, road conditions).
-Recruitment and Equipment Messages (sent to LEDS
for transmittal).
-Emergency inter-departmental messages.
-Non-criminal justice business messages (ONLY noon
to 1 p.m. or anytime on weekends and holidays).
-Announcements of meetings of criminal justice
organizations.
-Official agency activities (e.g. training, shooting
tournaments, competitions, public service projects,
etc.)
D. Special Issues.
1. Service Agreements and Management Control Agreements.
a. Definitions:
i) "Management Control Agreement" means: [OAR 107-50-
15(11)].
"A written agreement between a criminal justice
agency and a non-criminal justice agency which
provides services (dispatching, records keeping,
computer services, etc.) to the criminal justice
agency.
The agreement gives the criminal justice agency
management control over the operations of the non-
criminal justice agency as they relate to access to
the Law Enforcement Date System network."
ii) "Management Control" means: [OAR 107-50-15(12)].
"The authority to set and enforce:
"(a) priorities;
"(b) standards for the selection, supervision and
termination of personnel; and
"(c) policy governing the operation of computers,
circuits and telecommunications terminals used
to process, store, or transmit information to
or receive information from the Law Enforcement
Data System."
b. Operational Rules:
-LEDS Access and Dissemination Rules*uncr ge&..-
-If keeper of agency records, access and dissemination to
those records restricted by rules of submitting
agency. (Refer to Public Records Law.)
2. Sex Offender Reporting. [ORS 181.517 to 181.519]
a. Supervising Corrections Agency to enter name,
description, description of offense, address and code of
supervising agency closest to the address.
b. Required for FIVE (5) years.
c. PROBABLY NOT releasable to the public.
-Intent of Legislature (i.e. Law enforcement tool OR
public awareness purpose.)
-Dissemination generally restricted by submitting agency
(Corrections).
3. LEDS Management Issues.
a. LEDS may not be used for any personal purpose.
b. NCIC "secondary dissemination."
LO
Consequences:
1. Civil Liability for:
O) a. Placing person in false light.
b. Publication of private facts.
C. Civil Rights Violation.
2. Termination of Access.
3. Termination from Employment.
4. Do Not Forget Consequences for Inaccurate Data:
a. False Arrest.
b. Failure to Arrest (e.g. Restraining Orders).
IV. Questions and Answers.
Richard C. Whitlock
Assistant Attorney General
240 Cottage St. SE
Salem, Oregon 97310
(503) 378-6347
Sept 1990