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Res 1196 - Agmt OSP Gang Enf Se -- .- - ""'t. COUNCIL BILL NO. 1493 RESOLUTION NO. 1196 A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE OREGON STATE POLICE FOR GANG ENFORCEMENT SERVICES. WHEREAS, criminal street gang actiYity represents a serious concern within the city of Woodburn, and WHEREAS, it is imperative that effective coordination of available resources be employed to address emerging gang issues, and WHEREAS, criminal street gang activity can be reduced through intervention, prevention, and suppression methods, and WHEREAS, the Oregon Department of State Police is willing to enter into an agreement with the city of Woodburn, by and through its Police Chief to coordinate available resources and reduce criminal street gang activity, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: SECTION 1. That the Woodburn Police Chief is authorized to execute, on behalf of the city, the agreement between the Oregon Department of State Police and the city of Woodburn. SECTION 2. That a copy of said agreement is attached hereto, and by this reference, incorporated herein. /1 /7 ~ / / Approved as to form: cy-;.~ /~ / Cj q :5 C"y Attomey ~ ~ate ' APPROVED: . ~ L KELLEY, MAYO September 13, 1993 Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: /1\~ I~ Mary Te ant, City Recorder City of Woodburn, Oregon September 14, 1993 September 14, 1993 September 14, 1993 Page 1 - COUNCIL BILL NO. 1493 RESOLUTION NO. 1196 T T Agreement Between the Department of Oregon State Police and the Woodburn Police Department for Gang Enforcement Services 1. PURPOSE: This Agreement is entered into by the Chief of Police for !be Woodburn Police Department, and the Superintendent of !be Department of Oregon State Police. Its purpose is to PRl.wde procedlUeS for obtaining additional enforcement services, and guidelines for the use of those services, to assist in the reduction of criminal street gang activity. 2. MISSION: To reduce criminaJ street gang activity within !be City of Woodburn and the State of Oregon, through the enhancement of interagency communication involving the tracking, monitoring, and documentation of illegal street gangs and their members through the Gang Resource Intelligence Program (GRIP). 3. AUTHORITY: Oregon Revised Statutes 190.110 4. OPERATIONS: A. The Woodburn Police Department and the Department of the Oregon State Police hereby mutually agree it is desirable to collaborate in better utilizing the resources of both agencies, thereby enhancing the abilities of both agencies to deal effectively with street gang activity. 1. The Chief of Police of the Woodburn Police Department agrees to: a. Assign a contact person who will be responsible for management/security of the program described herein. b. Provide GRIP with copies of all police reports involving gangs or gang affiliates . c. Document all gang affiliates through GRIP. d. Notify GRIP by fax or teletype of any serious or significant event involving gang affiliates in a timely manner. e. Provide a weekly report of gang activity and information occurring in the community to GRIP, no later than 4:00 PM on Fridays. . 819 1 T "'00 .--T'.....-...---..--.,,-.-- g. Comply with applicable guidelines regarding the security and dissemination of information obtained through the GRIP network, as outlined in the attacheP GRIP Operation Plan. h. Familiarize all peIliOnnel involved in this program with the attached GRIP Operations Plan. i. Designate a phone line for connection to the GRIP computer. 2. The Superintendent of the Department of Oregon Slate Police, subject to the availability of appropriate funding levels and applicable rnIes and regulations, agroos to: '-~ a. Notify the Woodburn Police Department whenever gang information is received that will impact their community. b. Provide monthly synopsis of gang activity and trends occurring statewide. d. Provide access to GRIP files and data bases. e. Monitor and track the activity of gang affiliates and make that information available to the Woodburn Police Department. f. Provide necessary training related to the operation of this program. 3. The Woodburn Police Department and the Department of the Oregon Slate Police mutually agree: a. That neither party shall be liable to the other for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement. b. That the terms of this Agreement shall be modified by written amendment hereto by mutual consent of the parties. 4. Effective Date & Duration: This Agreement shall be made effective on the date of signing by the Superintendent of the Oregon Slate Police and Ken Wright, OIief, Woodburn Police Department. This Agreement shall run for successive one year terms which shall be renewed automatica1ly at the end of each year, unless either party gives the other party written notice of the termination of this agreement, no fewer than 30 (thirty) days prior to the annual renewal date. 5. Services: For satisfactory performance of the work made reference herein, the Woodburn Police Department will be reimbursed according to the following: a. Services: The Department of Oregon Slate Police agroos to reimburse the Woodburn Police Department for overtime, travel, training, and equipment incurred as a result of this Agreement. Such expenses will be reported, and forwarded for payment approval on a form provided by the Gang Resource Intelligence Program. 8/9 2 b. Eauioment: Equipment purchases approved in advance by the contracting officers representative may be billed to the Oregon Slate Police under the terms of this Agreement without prior written approval of the contracting officer. \ c. Budl!:et: It is further agreed that the sum of $8,000.00 represents the maximum dollar amount for which the Department of Oregon State Police will be responsible under the terms of this Agreement. The Department of Oregon State Police is not obligated to pay, nor is the Woodburn Police Department obligated to perform any effort that will require the expenditure of Slate funds above the total dollar amount set forth above. d. Pavrnent: Payment shal1 be made upon receipts of satisfactory auarterlv itemized invoice. Payment data shall include the date.lUd location where services have been rendered and the signature of the official certifying the services have been rendered. All requests for reimbursement will be directed to Sergeant Peter Spirup, Oregon Slate Police, Gang Uuit, for approval and forwarding to the CriminaIlustice Services Division. Payment will be disbursed quarterly punruant to CISD grant procedures and guidelines. 6. Coordinators: The Chief of Police has designated the followiDg individual as the penon who will represent his office in resolving and handling routine matters pertaining to this Agreement: Lt. Don Eubctnk or Sgt. Rene Bravo Name Title 982-2345 Tel!'{lhone # 982-2349 Designated Computer Phone # The Superintendent has designated Sergeant Peter Spirup, telephone 378-3720, as the person who will represent his office in resolving and handling routine technical matters pertaining to this Agreement between the parties to this Agreement. This representative is authorized to clarify, review, and approve work which is clearly within the scope of this Agreement but is not authorized to modify this Agreement in any way. nsisting of 3 pages, including altschments, has been received and agreed to by the undersigned: t Superintendent, Oregon Slate Police 9/16/93 Date Date 819 3 ,. ~ -.--1.....--. ... OREGON STATE POLICE GANG RESOURCE INTELLIGENCE PROGRAM OPERATION PLAN PURPOSE The purpose of this document it to provide standards, procedures and guidelines for the operation of the Gang Resource Intelligence Program (GRIP). , ABBREVIATIONS 1. asp: Oregon State Police. II. GRIP: Gang Resource Intelligence Program. GANG RESOURCE INTELLIGENCE PROGRAM MISSION The mission of the Gang Resource Intelligence Program is to provide law enforcement agencies with a criminal information database specifically related to iUegal street gangs which meets their needs and aids in the protection of the public and the suppression of criminal gang activity. In addition, GRIP will assist law enforcement agencies with training and gang awareness programs involving individual communities. DISSEMINATION 1. The Gang Resource Intelligence Program will comply with the "Third Agency Rule" which is explained as follows: Reports and other investigative material and information received by the Gang Resource Intelligence Program shall remain the property of the originating agency, but may, subject to consideration of official need, be retained by the Gang Resource Intelligence Unit. Such reports and other investigative material and information shall be maintained in confidence, and no access shall be given thereto except, with the consent of the investigative agency concerned, to other departments and agencies accessing the system on a right-to-lrnow, need-to-lrnow basis. Consent to disseminate this information, based on these guidelines, is given to the GRIP through interagency agreements and is assumed when agencies submit information to the GRIP system. This policy also applies to individuals, groups or organizations requesting specific records or material under the Freedom of information Act or Oregon Public Records Law. II. The originating agency shall detennine whether the investigative report. material or other inforination should be released prior to submitting the material to the GRIP. III. Definitions: a. Right-to know: Requestor agency has official capacity and statutory authority to the information being requested. b. Need-to-know: Requested information is pertinent and necessary to the requestor agency in initiating, furthering, or completing an investigation. 71'13 I T . -'T' IV. Classifications of material: a. Confidential: All material submitted to the GRIP is considered confidential and will be disseminalef! according to the above criteria. b. Sensitive: Ths classification will be used by a submitting agency when information contained in a report should not be included in the computerized system. When a report is submitted to the GRIP by an agency and that report is marlced "sensitive, " only the minimum information necessary to document the individual will be entered into the computerized system. The report will be retained with other reports, however GRIP personnel will not release that information without specific permission from the submitting agency. Norma1ly, anvone requesting information from one of these reports should be referred directly to the submitting agency. Ths procedure will ensure gang members can continue to be documented without endangering ongoing investigations or other sensitive information. '-' DEFINITION OF REASONABLE GROUNDS AB used in this document, reasonable grounds means reasonable suspicion. Reasonable suspicion is suspicion that is reasonable under the totality of the circumstances. It is less than probable cause and more than mere suspicion. DEFINITION OF CRIMINAL INTELLIGENCE FILE A criminal intelligence file consists of stored information on the activities and associations of: 1. Individuals who: a. Based upon reasonable suspicion are suspected of being or having been involved.in the actual or attempted planning, organizing, threatening, financing, or commission of criminal acts; or b. Based upon reasonable suspicion are suspected of being or having been involved in criminal activities with known or suspected crime figures. II. Organizations, businesses, and groups which: a. Based upon reasonable suspicion are suspected of being or having been involved in the actual or attempted planning, organizing, threatening, financing, or commission of criminal acts; or b. Based upon reasonable suspicion are suspected of being or having been illegally operated, controlled, financed, or infiltrated by known or suspected crime figures. FILE CONTENT Only information meeting the GRIP's criteria for system input will be stored in GRIP system. No information will be collected or maintained about the political, religious, racial or social views, sexual orientation, associations or activities of any individual, group. association, organization, corporation, business or partnership unless such information directly relates to an investigation of criminal gang activities and there are reasonable grounds to suspect the subject of the information is, or may be, involved in criminal conduct. 7/93 2 T -.-..... r INFORMATION INPUI' Information to be stored in the GRIP's system must fin;! undergo a criteria review and an evaluation for so~ reliability and information validity prior to filing. I. Criteria Review: Incoming information is reviewed by the GRIP to determine if it meets the following criteria for gang affiliation: a. Definition of Criminal Gang: An ongoing organization, association or group of three or more persons, whether formal or informal, which has as a purpose the commission of violent, street or drug-related crimes. The criminal activities may include robbery; homicide or manslaughter; the sale or possession of controlled substances; shooting at occupied dwellings, cars or persons believed to belong to rival gangs; arson; witness intimidation; extortion; assault; or any pattern of street crimes facilitated by efforts of gang members. A criminal gang also has one or more of the following characteristics: - Commits, or conspires to commit, crimes against individuals or groups based on race, color, religion, sexual preference, national origin, or rival gang association; - Uses a gang name, a common identifying sign or symbol, or has an identifiable leadership role; - Has a high rate of interaction among members, to the exclusion of other groups; - Claims a neighborhood and/or other geographical territory; or - Whose members wear distinctive types of clothing, exhibit distinctive appearance, or communicate in a peculiar or unique style. b. Definition of Gang Affiliate: The designation given to an individual who: - Admits or asserts affiliation with a criminal gang to the police; - Has been identified as an individual affiliated with a criminal gang based upon reliable information, an informant, or a law enforcement agency, including out of-slate or federal agencies; - Uses hand signa or language, the content and context of which clearly indicates gang affiliation; - Displays c1othes,jewelry, or tattoos unique to gang affiliation (Note: Clothing color alone is insufficient for gang affiliate designation. - Accompanies an identified gang affiliate during the preparation for, or commission of, a crime; or - Commits, or conspires to commit, crimes against persons or property based on race, color, religion, sexual preference, national origin. or rival gang association. II. Source Reliability: The term "source" relates to the individual, group or organization providing the information to the GRIP. Source reliability will be determined according to the criteria set forth in Table I. '103 3 T' - .... T" TABLE I Source Reliabilitv Class Level Descriotion A Reliable Source' s re~ability is unquestioned or has been well tested in the past. B Usually Reliable Source's reliability can usually be relied upon as Iilctual. The majority of past information provided has proven to be reliable. C Unreliable Source's reliability cannot be relied upon as factual, or is sporadic at best. ~.,'" D Unknown Source's reliability cannot be judged. His authenticity of trostworthiness has not been determined by either experience or investigation. m. Information Validity: The term "infonnaooo" relates to written, oral, and/or pictorial materials provided to the GRIP by the individual, group, or organizatioo. Information validity will be determined according to the criteria set forth in Table 2. TABLE 2 Wonnaooo Validity Class Level Descriotion I Confirmed The information has been corroborated. 2 Probable The information is consistent with past accounts. 3 Doubtful The information is inconsistent with past accounts. 4 Cannot Be Judged The information cannot be evaluated. INFORMATION CONTRIBUTIONS All criminal gang intelligence maintained in the GRIP system must display the names and phone numbers of persons and agencies providing the information. OUALITY CONTROL Information stored in the GRIP's system will undergo a review by the Gang Unit Coordinator for compliance with the law and with the standards, guidelines, and procedures of this document before its entry into the system. "'3 4 .... "'-"..'1!F".' T PUBLIC ACCESS The Gang Resource Intelligence Program will comply with the Oregon Public Records law in responding 10 requests by members of the public for file information 10 the extent that the law allows and 10 the degree the materilIs requested are not classified according 10 deJined restrictions on dissemination. SECURITY Because security and protection of the materials in the criminal intelligence file is of utmost importance, the following procedures sbaIl be observed: I. Policy: AIl GRIP agencies shall be thoroughly familiar with access and dissemination pol!~es of this document. II. Access: Direct access 10 the GRIP's criminal intelligence files is limited 10 GRIP participating agencies. a. Each agency will designate a person responsible for the security of the GRIP system. This person will be furnished a password by the GRIP for access inlo the system. It is the responsibility this person 10 maintain security of the system in accordance "lith this policy. PURGE REVIEW All information in the GRIP File is eventua1ly removed and destroyed. Its removal and destruction is in accordance with the following purge and destruction criteria: I. Information is purged when it is: a. No longer useful, b. No longer relevant, c. Invalid, d. Inaccurate, e. Outdated, f. unverifiable, or g. Inconsistent with mission. All material in the GRIP file will undergo review 10 ensure the material does not meet a purge requirement. This review will be conducted aulomatically at five years after the last update in the individuals file. At this review. each file will be individuaIly reviewed 10 ensure its compliance with the above purge criteria. If it is determined the file should be purged. based on this review. the file will immediately be destroyed. This review process will always be done in conjunction with the original documenting agency. REVIEW PROCEDURE In addition to the above mentioned automatic purge review all material contained in the Gang Resource Intelligence Program files will undergo one or more reviews at the intervals indicated in the following procedures: 7m 5 .... '..~~."'~"-"-' ~.,,~'. -I 1. All files within the system are reviewed annually for interigty. This review includes cross referencing the file with state and local files. Current Criminal Histories and local Police record checks are compared with our file to ensure entries are up to date and accurate. II. All entries within the progmn are reviewed twice a year under guidelines established by the Law Enforcement Data System because of our involvement in the "officer safety alert" progmn. This review accomplishes two things. First, it ensures the information entered into LEDS is correct. Second, it ensures individuals entered into LEDS are still gang members or affiliates. III. All active files related to the Portland Police Data System are reviewed quarterly. An active file is defined as one that is updated or acc.,....A because of gang activity during that given quarter. This review covers all gang members/affiliates who have been submitted by Portland Police Bureau. It ensures all information is accurate and that those individuals who should have been purged, have in fact, been purged. IV. All entries that are requested purged by submitting agencies (except Portland Police Bureau) are subsequently reviewed to ensure 8CCI1IllCy in the purging process. This is accomplished by the agency submitting a follow up purge request within thirty days of the original request, to ensure the original request was carried out. GRIP personnel responsible for the purge process will ensure each file to be purged, based on an agencies request, is thoroughly reviewed to ensure: . 1. Only the material submitted by that agency is purged. In many cases, an individual's file contains information from several agencies. II. Some agencies will be requesting files be purged. This may be based on the individual having no activity in their jurisdiction for a designated period of time. Review of these files will ensure the individual basn't moved to another jurisdiction or is incarcerated which could explain the lack of activity in the documenting agencies jurisdiction. If the individual continues to be active in another jurisdiction or appears to be continuing in gang activity/relationships while in prison, it may be necessary for the GRIP to adopt ownership of the documenting agencies information. This will ensure GRIP doesn't loose track of an individual who poses a threat to society. If the GRIP adopts ownership of any information, the material submitted by the original documenting agency will be destroyed. DESTRUCTION Material purged from the criminal intelligence file shall be destroyed under the supervision of the Gang Unit Coordinator. Destruction will be accomplished by methods consistent with statutes and rules relating to the destruction of public records. STATEMENT OF UNDERSfANDING All Gang Resource Intelligence Program agencies sha!\ read this document and sign an understanding of such. This will be accomplished when signing the inter-agency agreements for participation in the program. "" 6 ~,. .__._._~".~_._.....,_,,_~.~4~"