NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS CRIMINAL JUSTICE PROGRAM FY17 JUSTICE ASSISTANCE GRANT (JAG) APPLICATION WORKSHOP SUPPLEMENTAL PACKET

Transcription

1 NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS CRIMINAL JUSTICE PROGRAM FY17 JUSTICE ASSISTANCE GRANT (JAG) APPLICATION WORKSHOP SUPPLEMENTAL PACKET P25 Radio Interoperability Procedures TxDPS License Plate Reader (LPR) User Agreement (download template via Forms section at Controlled Equipment Questionnaire (download template via Forms section at

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3 P25 RADIO INTEROPERABILITY PROCEDURES Interoperability Standards: Per TxDPS, grant purchases for communications equipment or technologies must be in compliance with the Statewide Communications Interoperability Plan (SCIP) and the Texas Statewide Interoperability Channel Plan (TSICP). AND Per the Office of the Governor s Criminal Justice Division (CJD): Any communications equipment or technologies purchased must comply with the interoperability standards established within the agency s region. What Does This Mean? All agencies applying for communications equipment or technologies must submit (1) a draft of the egrants, (2) draft of the NCTCOG addendum and (3) a description of features/specs of the equipment to be purchased to: Kelly Schmidt (kschmidt@nctcog.org) no later than Tuesday, February 23, 2016, for review and approval before final submission to the Criminal Justice Division. Upon COG approval, an will be sent back to the applicant with language indicating the project is in compliance. This written approval will become part of your grant application and must be uploaded in the egrants system. For questions about these guidelines, please contact Kelly Schmidt at kschmidt@nctcog.org or Statewide Communications Interoperability Plan: Texas Statewide Interoperability Channel Plan:

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5 TEXAS DEPARTMENT OF PUBLIC SAFETY CRIME RECORDS SERVICES LICENSE PLATE READER (LPR) USER AGREEMENT This document constitutes a User Agreement which sets forth the duties and responsibilities of the User Agency in order to gain access to the Texas Automated License Plate Reader (LPR) Database administered by the Texas Department of Public Safety (TXDPS). The User Agency shall be a criminal justice or law enforcement agency. USER AGENCY: ADDRESS: The LPR Database shall consist of shared data from all participating local, state, and federal agencies, as well as TXDPS captured data, of the following information associated with a license plate captured by an LPR: license plate numbers; latitude and longitude coordinates indicating where the plate was captured; date/time of the capture; and Originating Agency Identifier (ORI) information of the agency capturing the information. The LPR Database shall be maintained, operated, and managed by TXDPS on a 24 hour, 7 days a week, 365 days a year basis. A. USER AGENCY RESPONSIBILITIES 1. The User Agency may only access and use LPR information for official criminal justice purposes. LPR information shall not be accessed or used for any other purpose. 2. The User Agency shall allow TXDPS to share the User Agency s data contributed to the LPR Database with other authorized criminal justice or law enforcement agencies. 3. The User Agency shall provide its own internet connectivity and maintenance which meets Criminal Justice Information Services (CJIS) Security Policy requirements. 4. The User Agency shall retain sole ownership of, sole responsibility for, and exclusive control over the content of the information that it contributes to the LPR Database. 5. The User Agency shall, at will and at any time, update, correct, or delete the information that it contributes to the LPR Database. 6. The User Agency has the sole responsibility to ensure that the information it contributes to the LPR Database was not obtained and is not maintained in violation of any federal, state, or local law applicable to that agency. 7. The User Agency has sole responsibility and accountability for ensuring compliance with all laws, regulations, policies, and procedures applicable to its entry and sharing of information into the LPR Database, including but not limited to the federal Driver s Privacy Protection Act (18 U.S.C et seq.) and the Texas Motor Vehicle Records Disclosure Act (Tex. Transp. Code Ch. 730). 8. The User Agency shall duly report to TXDPS, in writing, any instance in which LPR information is used in an unauthorized manner. Such notice shall be provided immediately, but no later than three (3) calendar days of when the User Agency first learned of the unauthorized use. 9. The User Agency has the duty, sole responsibility, and accountability to make reasonable efforts to ensure the accuracy, upon entry and continuing thereafter, of information that it contributes to the LPR Database. 10. The User Agency is solely responsible for the actions or omissions of its employees and officers. 11. The User Agency shall permit access to the LPR Database only to individual users who meet standard Texas Law Enforcement Telecommunications System (TLETS) credentials. Page 1 of 4 TXDPS #LES

6 B. GENERAL TERMS 1. TXDPS shall notify the User Agency if it receives a challenge to or reasonable question about the accuracy of the information submitted by the User Agency in the LPR Database. 2. The minimum retention period for information to remain in the LPR Database shall be five (5) years, unless the User Agency indicates to TXDPS that a shorter retention period is required. 3. TXDPS will provide system training to the LPR Database users at no charge to the User Agency at a time and location to be designated by TXDPS. The obligation of TXDPS to incur training costs is conditional upon sufficient funds budgeted and available. financial liability shall be incurred by TXDPS by virtue of this User Agreement beyond monies available to it for the purpose of fulfilling this User Agreement. 4. TXDPS reserves the right to immediately suspend service to the User Agency or an individual user when applicable policies are violated. Service may be reinstated, in TXDPS sole discretion, upon receipt of satisfactory assurance that such violations have been corrected. All costs for reconnection service are the responsibility of the User Agency. 5. TXDPS shall have the authority to inspect and audit the equipment, records, and operations of the User Agency to determine the User Agency s compliance with standards and requirements associated with TLETS, Texas Crime Information Center (TCIC)/National Crime Information Center (NCIC), and of this User Agreement throughout the term and for a period of four (4) years after the termination of this User Agreement. The User Agency shall maintain records regarding the use and dissemination of information in the LPR Database and shall provide such records to TXDPS immediately upon its request. 6. Any waiver of any breach or default of this User Agreement by TXDPS shall not constitute a waiver of any subsequent breach or default or a waiver of the provision itself. C. DURATION AND TERMINATION 1. This User Agreement is effective upon the date it is signed by the User Agency and shall remain in effect until terminated by TXDPS or the User Agency. 2. This User Agreement may be terminated at any time upon the mutual written consent of TXDPS and the User Agency. 3. TXDPS or the User Agency may terminate this User Agreement for convenience upon thirty (30) calendar days written notice to the other party. 4. TXDPS may terminate this User Agreement if the User Agency fails to comply with any provision of this User Agreement or is otherwise in default by providing written notice to terminate, which termination shall become effective immediately upon the User Agency s receipt of the notice. 5. In no event will termination by TXDPS give rise to any liability whatsoever on the part of TXDPS. 6. All rights, obligations, responsibilities, limitations, and other understandings with respect to the disclosure and use of all information by the User Agency as described in this User Agreement shall survive any termination. D. NOTICES AND CONTACTS The User Agency shall direct all correspondence to TXDPS regarding this User Agreement to the following address: Texas Department of Public Safety Law Enforcement Support Division Attention: LPR Quality Control Analyst P.O. Box 4143 Austin, Texas Telephone: (512) TCIC.Operations@dps.texas.gov Page 2 of 4 TXDPS #LES

7 TXDPS shall direct all correspondence to the User Agency regarding this User Agreement to the following address and contact person designated by the User Agency. The User Agency shall notify TXDPS within ten (10) calendar days of any change in this information: Name: Address: City, State, Zip: Telephone: Fax: tices to the addresses shown above shall be deemed received: (i) when delivered in hand and a receipt granted; (ii) three (3) calendar days after it is deposited in the United States mail; or (iii) when received if sent by confirmed fax or confirmed . In WITNESS WHEREOF, the signatory for the User Agency hereby represents and warrants that it has full and complete authority to sign this User Agreement on behalf of the User Agency. USER AGENCY: Signature: Printed Name: Title: Date: Page 3 of 4 TXDPS #LES

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9 CONTROLLED EQUIPMENT QUESTIONNAIRE OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION HOMELAND SECURITY GRANTS DIVISION P.O. BOX AUSTIN, TEXAS / FAX: 512/ WWW. GOV. T E X A S. GOV This form along with supporting documentation MUST be completed by the designated grant project director or authorized official and submitted to the Governor s Office before obligating grant funds for any of the Controlled Equipment Items listed below. PART I: OOG GRANT INFORMATION Grantee Name: Project Title: Grant Number (ex: ): Project Period: From To PART II: CONTROLLED EQUIPMENT LIST Select the Controlled Equipment Item(s) below to be purchased under the grant: Manned Aircraft, Fixed Wing Manned Aircraft, Rotary Wing Unmanned Aerial Vehicles Armored Vehicles, Wheeled Tactical Vehicles, Wheeled Command and Control Vehicles Specialized Firearms and Ammunition Under.50-Caliber (excludes firearms and ammunition for service-issued weapons) Explosives and Pyrotechnics Breaching Apparatus (e.g. battering ram or similar entry device) Riot Batons (excluding service-issued telescopic or fixed-length straight batons) Riot Helmets Riot Shields PART III: APPLICATION INFORMATION In addition to the grant application documentation submitted to the Office of Governor, subrecipient requesting to purchase any of the Controlled Equipment Items listed above must provide information in the following categories specific to those purchases: 1. Provide a general description of the Law Enforcement Agency (LEA) or other subrecipient agency who will benefit from the equipment purchase (i.e. name of agency, location, population served, etc.) 2. Provide a detailed justification for acquiring the controlled equipment, including a clear and persuasive explanation of the need for the equipment and the appropriate law enforcement purpose that it will serve. Include a description of any previous instance where the controlled equipment was used in a manner that deviated from the detailed justification supporting the application for that equipment. OOG Controlled Equipment Questionnaire Page 1 of 5 Issue Date: July 2015

10 CONTROLLED EQUIPMENT QUESTIONNAIRE 3. Provide the number of units of for each type of requested controlled equipment that the LEA currently has in its inventory. OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION HOMELAND SECURITY GRANTS DIVISION P.O. BOX AUSTIN, TEXAS / FAX: 512/ WWW. GOV. T E X A S. GOV 4. List any categories of other controlled equipment items the subrecipient has acquired through Federal programs and currently has in its inventory during the past three (3) years. 5. Can any of the requested controlled equipment reasonably be accessed through loans or mutual assistance or mutual aid agreements? If yes, please describe below: 6. Has the subrecipient applied, or have a pending application(s), for this type of controlled equipment from another Federal agency, or State Agency passing through federal funds during the current fiscal year? 7. Has the subrecipient been denied purchases by a Federal agency or State Agency passing through federal funds during the past three (3) years? 8. Has the subrecipient been found to be in violation of a Federal civil rights statute or programmatic term during the past three (3) years? If yes, please describe below: If yes, please describe the reason for denial below: If yes, please describe any disposition reached or corrective actions taken below: PART IV: APPLICATION INFORMATION CERTIFICATIONS 1. The subrecipient has adopted the required protocols or will adopt those protocols BEFORE physical acquisition or purchase of controlled equipment or transfer of funds. 2. The subrecipient has provided required training or will provide that training BEFORE physical acquisition or purchase of controlled equipment or transfer of funds. 3. The subrecipient s governing body has reviewed and approved and/or concurred with the LEA s decision to acquire or purchase the controlled equipment. If YES, please ATTACH evidence of the approval (i.e. Resolution, Letter signed by governing body official, etc.) OOG Controlled Equipment Questionnaire Page 2 of 5 Issue Date: July 2015

11 CONTROLLED EQUIPMENT QUESTIONNAIRE OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION HOMELAND SECURITY GRANTS DIVISION P.O. BOX AUSTIN, TEXAS / FAX: 512/ WWW. GOV. T E X A S. GOV PART V: REGIONAL SHARING The subrecipient must indicate whether the requested controlled equipment is being acquired to provide a regional or multijurisdictional capability. 1. Is the subrecipient requesting controlled equipment to provide a regional or multijurisdictional capability? If yes, provide below information regarding the size of the region, including the number and size of LEAs with access to the requested controlled equipment and the estimated population served: PART VI: REGIONAL SHARING CERTIFICATIONS The answers below are ONLY REQUIRED if the subrecipient answered YES to Part V, Item1. 2. The subrecipient and other jurisdictions in the regional sharing arrangement have adopted the required protocols or will adopt those protocols BEFORE physical acquisition or purchase of controlled equipment or transfer of funds. 3. The subrecipient and other jurisdictions in the regional sharing arrangement have provided required training or will provide that training BEFORE physical acquisition or purchase of controlled equipment or transfer of funds. 4. The subrecipient and other jurisdictions in the regional sharing arrangement will adhere to the information collection and retention requirements. PART VII: AUTHORIZING SIGNATURE I certify that to the best of my knowledge and belief this questionnaire and any supporting documentation is correct and complete. Printed Name of Financial Officer Signature of Financial Officer Date OOG Controlled Equipment Questionnaire Page 3 of 5 Issue Date: July 2015

12 Appendix Required Protocols, Training, and After-Action Reviews REQUIRED POLICIES AND PROTOCOLS: LEAs/subrecipients that acquire controlled equipment through Federal programs must adopt robust and specific written policies and protocols governing General Policing Standards and Specific Controlled Equipment Standards. General Policing Standards includes policies on (a) Community Policing; (b) Constitutional Policing; and (c) Community Input and Impact Considerations. Specific Controlled Equipment Standards includes policies specifically related to (a) Appropriate Use of Controlled Equipment; (b) Supervision of Use; (c) Effectiveness Evaluation; (d) Auditing and Accountability; and (e) Transparency and tice Considerations. Record Keeping Requirement. Upon request, LEAs/subrecipients must provide a copy of the General Policing Standards and Specific Controlled Equipment Standards, and any related policies and protocols, to the Federal agency that supplied the equipment/funds. REQUIRED TRAINING: LEAs that acquire controlled equipment through Federal programs must ensure that its personnel are appropriately trained and that training meets the following requirements: Required Annual Training on Protocols. On an annual basis, all LEA/subrecipient personnel who may use or authorize use of controlled equipment must be trained on the LEA s/subrecipient s General Policing Standards and Specific Controlled Equipment Standards. Required Operational and Technical Training. LEA/subrecipient personnel who use controlled equipment must be properly trained on, and have achieved technical proficiency in, the operation or utilization of the controlled equipment at issue. Scenario Based Training. To the extent possible, LEA/subrecipient trainings related to controlled equipment should include scenario based training that combines constitutional and community policing principles with equipment specific training. LEA/subrecipient personnel authorizing or directing the use of controlled equipment should have enhanced scenario based training to examine, deliberate, and review the circumstances in which controlled equipment should or should not be used. Record Keeping Requirement. LEAs/subrecipients must retain comprehensive training records, either in the personnel file of the officer who was trained or by the LEA s/subrecipient s training division or equivalent entity, for a period of at least three (3) years, and must provide a copy of these records, upon request, to the Federal agency that supplied the equipment/funds. AFTER ACTION REVIEW: (1) LEAs/subrecipients must collect and retain Required Information (described below) when law enforcement activity that involves a Significant Incident requires, or results in, the use of any Federally acquired controlled equipment in the LEA s/subrecipient s inventory (or any other controlled equipment in the same category as the Federally acquired controlled equipment). (2) When unlawful or inappropriate police actions are alleged and trigger a Federal compliance review, and the Federal agency determines that controlled or prohibited equipment was used in the law enforcement activity under review, the LEA/subrecipient must produce or generate a report(s) containing Required Information. Significant Incident Defined: Any law enforcement operation or action that involves: a) a violent encounter among civilians or between civilians and the police; b) a use of force that causes death or serious bodily injury; c) a demonstration or other public exercise of First Amendment rights; or d) an event that draws, or could be reasonably expected to draw, a large number of attendees or participants, such as those where advanced planning is needed. OOG Controlled Equipment Questionnaire Page 4 of 5 Issue Date: July 2015

13 Appendix Required Protocols, Training, and After-Action Reviews Required Information to Be Collected and Retained: a) Identification of controlled equipment used (e.g., categories and number of units of controlled equipment used, make/model/serial number); b) description of the law enforcement operation involving the controlled equipment; c) identification of LEA/subrecipient personnel who used the equipment and, if possible, civilians involved in the incident; and d) result of controlled equipment use (e.g., arrests, use of force, victim extraction, injuries). Format of Information Collection and Retention. new form or format is required as long as the Required Information is retained in a manner that is easily accessible and organized. For example, information about the use of controlled equipment can be included in an Operations Plan, detailed in officer daily logs, or described in use of force reports. Record Keeping Requirement. LEAs/subrecipients must retain Significant Incident reports and Required Information for a period of at least three (3) years and must provide a copy of these records, upon request, to the Federal agency that supplied the equipment/funds. This information also should be made available to the community the LEA/subrecipient serves in accordance with applicable policies and protocols including considerations regarding the disclosure of sensitive information. OOG Controlled Equipment Questionnaire Page 5 of 5 Issue Date: July 2015