HomeMy WebLinkAbout10065
ORDINANCE NO. 10065
AN ORDINANCE APPROVING AND ACCEPTING A MEMORANDUM
OF UNDERSTANDING AND ALL APPLICABLE CONDITIONS
PERTAINING THERETO FROM THE COLORADO STATE PATROL –
AUTO THEFT INTELLIGENCE COORDINATION CENTER (“ATICC”)
FOR THE CREATION OF THE ELSAG EOC RELATING TO LICENSE
PLATE READER (“LPR”) INFORMATION SHARING, AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, the City Council of Pueblo has the authority on behalf of the City of
Pueblo, including its Police Department, to accept grants from the state government for public
and municipal purposes and to enter into agreements relating thereto; and
WHEREAS, City Council approved a MOU with the statewide Beat Auto Theft Through
Law Enforcement Team (“BATTLE”) on June 28, 2021, which awarded $57,722.00 in grant
funds from the Colorado Auto Theft Prevention Authority (CATPA) for the 2021 grant year
upon conditions recited therein or incorporated therein by reference; and
WHEREAS, an additional opportunity has arisen connected to the BATTLE Task
Force which will allow the Police Department to participating in the sharing of license plate
reader (LPR) information to be used by it and other agencies in criminal investigation and
enforcement activities; and
WHEREAS, acceptance and approval of the MOU for the purpose for which it has
been made is in the best interest of the City and will benefit the health, welfare and safety of
the citizens of the City; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The MOU between the Colorado State Patrol – Auto Theft Intelligence Coordination
Center and the City of Pueblo and its Police Department, and the conditions pertaining
thereto, having been approved as to form by the City Attorney, is hereby accepted and
approved.
SECTION 2.
The Mayor is authorized to execute the MOU in the name of and on behalf of the City.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all
acts consistent with the intent of this Ordinance to effectuate the policies and procedures
described herein.
SECTION 4.
This Ordinance shall become effective on the date of final action by the Mayor and
City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on November 22, 2021 .
Final adoption of Ordinance by City Council on December 13, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on December 20, 2021 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-5
Background Paper for Proposed
ORDINANCE
COUNCIL MEETING DATE: November 22, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Chief Chris Noeller, Police Department
SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING A MEMORANDUM OF
UNDERSTANDING AND ALL APPLICABLE CONDITIONS PERTAINING
THERETO FROM THE COLORADO STATE PATROL – AUTO THEFT
INTELLIGENCE COORDINATION CENTER (“ATICC”) FOR THE CREATION OF
THE ELSAG EOC RELATING TO LICENSE PLATE READER (“LPR”)
INFORMATION SHARING, AND AUTHORIZING THE MAYOR TO EXECUTE
SAME
SUMMARY:
City Council approved a 3-year MOU with the statewide Beat Auto Theft Through Law
Enforcement Team (“BATTLE”) for participation in the task force on June 28, 2021. Effective July
1, 2021, the Pueblo Police Department was awarded $57,722.00 in funds for equipment and
overtime costs associated with Auto Theft investigation and enforcement for the current fiscal
year. The attached agreement expands the Pueblo Police Department’s participation in the
BATTLE Team Task Force by allowing the agency to share the LPR information it collects and
participate in the sharing of information by other agencies.
PREVIOUS COUNCIL ACTION:
City Council has routinely approved ordinances accepting Auto Theft Prevention Grants each
year beginning in July 2009. On June 28, 2021 in Ordinance No. 9953, Council approved a three-
year MOU with the statewide BATTLE taskforce. On July 1, 2021 the Pueblo Police Department
was awarded $57,722.00 in funds for overtime and supply costs associated with Auto Theft
investigation and enforcement. Acceptance of those funds was also approved by Ordinance No.
9953. The agreement presented with this ordinance is for a new program and thus Council has
not previously addressed the sharing of license plate reader information collected by the Pueblo
Police Department.
BACKGROUND:
Each year since July 2009, the City of Pueblo and Pueblo Police Department have accepted
Colorado auto theft grant funds. The total funds are disbursed by CATPA and are shared among
several different law enforcement agencies in Colorado. A Memorandum of Understanding
formalizes the relationship between the various participating agencies.
The initiative of the Colorado State Patrol - Beat Auto Theft Through Law Enforcement (BATTLE)
is a multi-jurisdictional task force focuses on the prevention and reduction of motor vehicle thefts
as well as the identification, investigation, location of stolen motor vehicles, and apprehension of
suspects. The task force works to increase the number of stolen vehicles recovered, offenders
arrested, and decrease vehicle thefts. The agencies accomplish this through educational and
intelligence-led enforcement efforts throughout participating jurisdictions with task force members
sharing information amongst each other and any other requesting agency.
The Colorado ELSAG EOC is an initiative BATTLE implemented to create an information sharing
system designed to replicate, maintain, and share law enforcement license plate reader systems
from all participating state and local public safety agencies within the State of Colorado.
The goal of this project is to share license plate recognition data among all contributing agencies
that have established this Memorandum of Understanding with the Colorado ELSAG EOC,
managed by the Colorado State Patrol (CSP) ATICC. Participating agencies will share license
plate reader (LPR) information for replication to the data warehouse or as part of a central
querying system hosted by the Colorado ELSAG EOC and will have the capability to query all
LPR based information from around the State of Colorado which is stored within the warehouse.
FINANCIAL IMPLICATIONS:
Participation in the ELSAG EOC information sharing program may result in incidental equipment
costs being incurred by the PPD. It will also require staff time to implement the program and
effectuate the program requirements, including uploading records for information sharing.
BOARD/COMMISSION RECOMMENDATION:
Not Applicable.
STAKEHOLDER PROCESS:
Not Applicable.
ALTERNATIVES:
City Council may decline the MOU. If that occurs, the Police Department will not be able to share
information collected with other participating law enforcement agencies, and will not be able to
use information collected and shared by others in its criminal investigation and enforcement
activities.
RECOMMENDATION:
The Police Department recommends approval of the Ordinance.
Attachments:
2021-2026 ELSAG EOC MOU.
ELSAG EOC
Memorandum of Understanding
Between
Colorado State Patrol-Beat Auto Theft Through Law Enforcement
AND
The City of Pueblo and Pueblo Police Department
The Colorado ELSAG EOC is an initiative of the Colorado State Patrol — Beat Auto Theft Through Law
Enforcement (BATTLE)to create an information sharing system designed to replicate, maintain, and share
law enforcement license plate reader systems from all participating state and local public safety agencies
within the State of Colorado.
CONCEPT
The goal of this project is to share license plate recognition data among all contributing agencies that have
established this Memorandum of Understanding with the Colorado ELSAG EOC, managed by the Colorado
State Patrol (CSP) BATTLE. Participating agencies will share license plate reader (LPR) information for
replication to the data warehouse or as part of a central querying system hosted by the Colorado ELSAG
EOC and will have the capability to query all LPR based information from around the State of Colorado
which is stored within the warehouse.
PURPOSE
This Memorandum of Understanding (MOU) sets forth an agreement between and defines the roles and
responsibilities of BATTLE and the City of Pueblo and its Pueblo Police Department ("CITY", "PUEBLO
POLICE DEPARTMENT" or"PUEBLO PD"), in implementing connectivity tothe Colorado ELSAG EOC.
RESPONSIBILITIES
The roles and responsibilities of CSP BATTLE in this MOU are as follows:
• BATTLE will establish the Colorado ELSAG EOC as a shared information system to the benefit of
all public safety agencies in the State of Colorado.
• BATTLE will appoint a project manager to oversee the Colorado ELSAG EOC and implement
the terms and conditions of this MOU.
• BATTLE will direct the management of all obligations, responsibilities, and assets of the
Colorado ELSAG EOC,including but not limited to:
o Any and all contractual obligations for development, implementation, expansion, maintenance,
and management ofthe Colorado ELSAG EOC,
Wage
o Ownership of any and all equipment in the inventory of the Colorado ELSAG EOC, including but
not limited to servers, workstations, communications devices, routers, firewalls or other
hardware, and all software in use or under development in compliance with the requirements
of the Colorado ELSAG EOC.
o Security and control of any data resident in the Colorado ELSAG EOC data warehouse, to
exclusive Law Enforcement use as defined by the BATTLE ELSAG EOC protocol manual.
o BATTLE will design and implement a governance structure appropriate to the proper
operational maintenance of the Colorado ELSAG EOC,and providing appropriate levels of input
to all participating agencies.
o BATTLE will provide an Administrator for the Colorado ELSAG EOC to provide vetting and
establishment for PUEBLO PD personnel, including authorization for the PUEBLO PD
Administrator.
o BATTLE will adopt Security Policies and Procedures as may be consistent with appropriate
security and maintenance of the system for all participating agencies. This document shall
become the governing MOU for participation in the Colorado ELSAG EOC upon ratification of
the participating agencies.
o BATTLE will ensure that appropriate personnel are made available as reasonably necessary to
assist with development, implementation, and testing of any hardware/software solutions, as
well as for any training required, for the purposes of this project.
o BATTLE will assist in obtaining the cooperation of any third party contractor or vendor approved
by them to provide license plate reader systems in the State of Colorado and/or internal or
external technology providers (e.g. Colorado CIO / Other participating agencies / State of
Colorado information technology staff)as may be reasonably necessary for the purposes of this
project.
o BATTLE will assist in creation of the lessons learned and final reporting and documentation of
the project.The input provided by BATTLE will be utilized for future distributions and use of the
system at other hosting agencies.
The roles and responsibilities of the Pueblo PD in this MOU are as follows:
• The PUEBLO POLICE DEPARTMENT agrees to share ALPR data with other law enforcement
agencies utilizing the Colorado ELSAG EOC.
• The PUEBLO POLICE DEPARTMENT agrees to use the Colorado ELSAG EOC in compliance with
federal,state and local laws, regulations and policies.
• The PUEBLO POLICE DEPARTMENT agrees to retain all ALPR records no longer than one year
from the date of the read(§24-72-113 C.R.S.) unless such ALPR records are evidentiary records in a
criminal or civil case.
• The PUEBLO POLICE DEPARTMENT agrees to the ELSAG EOC Polices and agrees to be
responsible for all authorized users identified by their agency, including vetting, training and
monitoring of the users.
- The PUEBLO POLICE DEPARTMENT maintains sole authority and responsibility for determining
the actions, if any, that are appropriate for the department's information technology environment,
and for implementing any changes deemed to be appropriate to the purposes of this project.
• The Crime Analysis Supervisor of the PUEBLO POLICE DEPARTMENT,or an appropriate designee,
will be available, as reasonably required,to give guidance and approval to technical and non-
technical requirements of this assistance project.
- The Chief of Police of the PUEBLO POLICE DEPARTMENT will adopt the BATTLE ELSAG EOC
protocol manual, which is the governing MOU for participation in CSP BATTLE, and agrees to
remain in compliance with the requirements, policies, and practices as outlined therein for the
duration of the PUEBLO PD's participation inCSP BATTLE.
- The Chief of Police of the PUEBLO POLICE DEPARTMENT will appoint a representative as the
agency's CSP BATTLE Project Manager who will be responsible for the overall coordination of
the project on behalf of the department.
- The PUEBLO POLICE DEPARTMENT will make reasonable accommodations for access by
BATTLE staff to their facilities and license plate reader system as may be required in furtherance
of this project.
- The PUEBLO POLICE DEPARTMENT will ensure that appropriate personnel are made available as
reasonably necessary to assist with development, implementation, and testing of any hardware 1
software solutions, as well as for any training required, for the purposes of this project.
-The PUEBLO POLICE DEPARTMENT will assist in obtaining the assistance of any third party
contractor or vendor associated with their license plate reader system and I or internal or external
technology providers (e.g. county /municipal information technology staff) as may be reasonably
necessary for the purposes of this project.
• The PUEBLO POLICE DEPARTMENT will assist in creation of the lessons learned and final report of
the project.
The roles and responsibilities of all agencies in this MOU are as follows:
• All contributing agencies shall develop and maintain an LPR data usage policy that addresses privacy
concerns. Such usage policy may be derived from the International Association of Chiefs of Police
publications pertaining to license plate readers.
- The ownership of the data that is contributed in this system shall remain with the contributing agency.
Therefore, all ownership rights are to the sole authority and responsibility of the contributing agency.
The data in this system is shared by the contributing agency for the communal use by other law
enforcement and government agencies that have this signed agreement with CSP BATTLE, but shall
adhere to the contributing agency's usage policy when using the contributing agency's data. All data
use and handling shall comply with the current laws and statutes with respect to the data.
BATTLE shall develop and maintain an LPR data retention policy that can address privacy concerns
in accordance with current federal and state legislation and statutes, and may be limited by system
capability. All contributing agencies shall adhere to the data retention policy until such time that the
PUEBLO POLICE DEPARTMENT has developed their own policy.At that time,the PUEBLO POLICE
DEPARTMENT may submit a memorandum to this MOU to address the retention of the data owned
by the PUEBLO POLICE DEPARTMENT. Such data retention policy may be derived from the
International Association of Chiefs of Police publications pertaining to license plate readers.
FUNDING
Any costs associated with maintenance, upgrade, or changes required directly to the contributing agency's
LPR system or existing computer network in order to accommodate implementation of the Colorado ELSAG
EOC interfaces and replication,or costs incurred on behalf of the Colorado ELSAG EOC as a result of changes
to the agency system(s) which adversely affect the Colorado ELSAG EOC replication,to the extent permitted
by law may be the responsibility of the PUEBLO PD.
FUND AVAILABILITY; SUBJECT TO LAW
The financial obligations of CITY, if any,after the current year in which this Agreement is signed by both parties are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made available by Pueblo City
Council and City executive departments. Nothing herein shall be deemed to create an ongoing financial obligation
of CITY.
This Agreement is expressly made subject to the limitations of the Colorado Constitution. Nothing herein shall
constitute, nor be deemed to constitute,the creation of a debt or multi-year fiscal obligation or an obligation of future
appropriations by the City Council of Pueblo, contrary to Article X, §20 of the Colorado Constitution or any other
constitutional, statutory or charter debt limitation. Notwithstanding any other provision of this Agreement, with
respect to any financial obligation of CITY which may arise under this Agreement in any fiscal year, in the event the
budget or other means of appropriations for any such year fails to provide funds in sufficient amounts to discharge
such obligation, such failure shall not constitute a default by or breach of this Agreement, including any sub-
agreement, attachment, schedule or exhibit thereto, by the CITY. CITY may in its sole and absolute discretion
terminate this Agreement for reasons of non-appropriation immediately upon written notice without causing default
or breach.
Nothing in this Agreement is intended, nor should it be construed, to create or extend any rights, claims or benefits
or assume any liability for or on behalf of any third party,or to waive any immunities or limitations otherwise conferred
upon the City of Pueblo, a Municipal Corporation under or by virtue of federal or state law, including but not limited
to the Colorado Governmental Immunity Act, C.R.S. §24-10-101, et seq.
TERM
This MOU terminates on August 30, 2026, unless sooner terminated by a party. Early termination shall be
in writing and provide at least thirty (30) days advance notice. This agreement may be extended at the
discretion ofthe Taskforce Commander of BATTLE if requested by the PUEBLO POLICE DEPARTMENT.Such
extension s ha II be for one (1) year term and must be documented through appropriate addendum
to this MOU agreeable to both parties.
AMENDMENTS
No amendment or modification of the MOU shall be valid unless expressed in writing and executed by the
parties in the same manner as the execution of this MOU.
ACKNOWLEDGEMENT
The parties represent or warrant to each other that they have all the necessary authority to enter into this
MOU and to perform their obligations hereunder. This MOU will be effective upon signature of all parties
This Memorandum of Understanding will be effective upon signature of all parties.
Colorado State Patrol-ATICC CITY OF PUEBLO& PUEBLO POLICE
700 Kipling Street DEPARTMENT
Lakewood,Colorado 80215 200 S. MAIN ST., PUEBLO,CO 81003
tX0c0lefary
Signature Signature of Mayor
Lieutenant Colonel Joshua Downing
[Chief Executive Officer] Printed Name Nicholas A. Gradisar, Mayor
Date: 08/09/2022 Date: /a_ 0„ a 0011