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HomeMy WebLinkAbout11193Docusign Envelope ID: ACBC4409-14E6-80B1-82A7-A9E93810D662 ORDINANCE NO. 11193 AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO AND THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES REGARDING THE NIBN NATIONAL CORRELATION AND TRAINING CENTER BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Understanding between the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pueblo Police Department regarding the NIBIN National Correlation and Training Center (the "NNCTC MOU"), a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is authorized to execute the NNCTC MOU in the name of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of this Ordinance and the attached NNCTC MOU to effectuate the policies and procedures described therein. 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 May 26, 2026. Final adoption of Ordinance by City Council on June 8, 2026, ChunruSigroedby: President of City Council Docusign Envelope ID: ACBC4409-14E6-8081-82A7-A9E93810D662 Action by the Mayor: ® Approved on 06/10/2026 ❑ Disapproved on based on the following objections: ri 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 DocaM nd by: City Clerk Docusign Envelope ID: ACBC4409-14E6-80B1-82A7-A9E93810D662 City Clerk's Office Item # R10 • Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 8, 2026 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Clyde Bishop, City Clerk FROM: Chris Noeller, Chief of Police SUBJECT: AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO AND THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES REGARDING THE NIBN NATIONAL CORRELATION AND TRAINING CENTER SUMMARY: This Ordinance approves a Memorandum of Understanding (the "NNCTC MOU") with the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), under which ATF's NIBIN National Correlation and Training Center will perform ballistic correlation reviews of evidence entered into the National Integrated Ballistic Information Network (NIBIN) by the Pueblo Police Department. The NNCTC returns NIBIN leads or negative results to the affected investigators within 24 to 48 hours. A companion Ordinance approving the underlying NIBIN MOU with ATF is being presented for Pueblo City Council consideration at the same time. Each Ordinance stands on its own and may be approved or rejected independently, but both are necessary for the Pueblo Police Department to fully use the NIBIN program. PREVIOUS COUNCIL ACTION: Council has not previously acted regarding a NIBIN program or related ATF cooperative agreement with the Pueblo Police Department, based on available records. BACKGROUND: The NIBIN program is operated by ATF under the authority of 28 C.F.R. §§ 0.130 to 0.131 and the Gun Control Act of 1968, as amended, codified at Chapter 44 of Title 18 of the United States Code. NIBIN uses automated ballistic imaging technology to compare cartridge cases and bullets recovered from crime scenes against ballistic Docusign Envelope ID: ACBC4409-14E6-80B1-82A7-A9E93810D662 evidence from other crimes nationwide. ATF operates the NIBIN National Correlation and Training Center (NNCTC) as the centralized correlation review function for NIBIN partner sites. Under the NNCTC MOU, ballistic images that the Pueblo Police Department enters into NIBIN are routed to ATF technicians at the NNCTC, who perform the correlation review and return NIBIN leads or negative results to the affected investigators within 24 to 48 hours. All NNCTC work is peer -reviewed and signed off by a senior ATF firearms and tool mark examiner before dissemination. Use of the NNCTC eliminates Minimum Required Operating Standards items 3 (correlation review within two business days) and 4 (lead dissemination within 24 hours) from the Pueblo Police Department's compliance obligations under the underlying NIBIN MOU. The Pueblo Police Department will provide quarterly reports to ATF indicating whether NIBIN leads were later confirmed by a firearms and tool mark examiner. Information produced by the NNCTC is designated "Law Enforcement Sensitive" and is intended for official law enforcement use only. The NNCTC MOU expressly preserves the Pueblo Police Department's obligation to release records as required by State or Federal law or court of competent jurisdiction, subject to advance notification to ATF. Either party may terminate the NNCTC MOU on 30 days written notice. The MOU is not a funding document; specific actions taken under it are subject to the City's funding and administrative or legislative approvals. FINANCIAL IMPLICATIONS: The NNCTC MOU is not a funding document and does not commit the City to any expenditure. The arrangement is a net financial benefit because it eliminates the need for the Pueblo Police Department to maintain in-house correlation review capacity for ballistic evidence entered into NIBIN. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If this Ordinance is not approved, the City will not enter into the NNCTC MOU. If the underlying NIBIN MOU is approved, the Pueblo Police Department will be required under Minimum Required Operating Standards items 3 and 4 to conduct its own correlation reviews and disseminate leads within 24 hours, which requires trained NIBIN users dedicated to that function. Without the NNCTC arrangement, the Pueblo Police Department will need to develop and maintain that in-house capacity. RECOMMENDATION: Docusign Envelope ID: ACBC4409-14E6-80B1-82A7-A9E93810D662 Approve the Ordinance. ATTACHMENTS: NNCTC PPD MOU (Nov 2021)