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Home My WebLink About11194ORDINANCE NO. 11194 AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO AND THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES REGARDING THE NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK 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 National Integrated Ballistic Information Network (the "NIBIN 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 NIBIN 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 NIBIN 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. ____________________________ President of City Council Action by the Mayor: Approved on _______________. 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 _____________ ____________________________ President of City Council ATTEST ________________________________ City Clerk City Clerk's Office Item # R11 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 NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK SUMMARY: This Ordinance approves a Memorandum of Understanding (the "NIBIN MOU") with the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), that will allow the Pueblo Police Department to receive and operate an ATF-loaned National Integrated Ballistic Information Network (NIBIN) unit for processing shell casings recovered as evidence in firearms-related crimes. The NIBIN MOU governs the deployment, operation, security, audit, and disclosure obligations associated with the NIBIN system itself. A companion Ordinance approving a separate MOU with ATF's NIBIN National Correlation and Training Center 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 evidence from other crimes nationwide, generating investigative leads that link firearms and shooters across cases and jurisdictions. ATF has offered to deploy a NIBIN unit to the Pueblo Police Department on a loan basis. The unit remains the property of ATF and may be relocated to another agency at ATF's discretion. The NIBIN MOU sets the terms of the loan. ATF installs and maintains the equipment, ATF and the United States Department of Justice may audit operations, and the Pueblo Police Department designates a NIBIN Program Administrator and qualified users who pass criminal and fingerprint background checks. Either party may terminate the NIBIN 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. The Pueblo Police Department Records Section will adopt an internal protocol flagging NIBIN material and requiring notification to ATF before any release in response to a Colorado Criminal Justice Records Act request, a subpoena, or a Brady or discovery obligation in a criminal prosecution. This protocol satisfies the NIBIN MOU's disclosure restriction while preserving the official custodian's discretion under C.R.S. § 24-72-305. FINANCIAL IMPLICATIONS: The NIBIN MOU is not a funding document. The MOU makes the City responsible for any physical construction required at the installation site, the cost of moving the equipment after initial installation, and the cost of repair or replacement if Pueblo Police Department personnel cause unauthorized damage or movement. The City must also conduct criminal and fingerprint background checks on Pueblo Police Department personnel designated as NIBIN users, at City cost. 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 NIBIN MOU and ATF will not deploy the NIBIN unit to the Pueblo Police Department. The Pueblo Police Department will continue to send ballistic evidence to other NIBIN-equipped agencies for processing, with the associated delay in investigative leads and the loss of timely intelligence on firearms-related crime in Pueblo. RECOMMENDATION: Approve the Ordinance. ATTACHMENTS: 1. NIBIN PPD MOU (June 2022)