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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