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HomeMy WebLinkAboutRESOLUTION 1978-29 .~ ^ CITY OF KENAI RESOLUTION N0. 78-29 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING A USER'S AGREEMENT RELATIVE TO CRIMINAL HISTORY RECORDS AND AUTHORIZING THE CITY MANAGER, ON BEHALF OF THE CITY OF KENAI, TO ENTER INTO SUCH AN AGREEMENT. WHEREAS, accessibility to U. S. Department of Justice criminal history records is restricted to those municipalities who have accepted the terms and conditions of a user's agreement, attached hereto and incorporated herein by reference, and WHEREAS, acceptance of such agreement is in the best interest of the City of Kenai. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, that: (1) The City of Kenai agrees to accept the terms and conditions of the "User's Agreement" relative to criminal history information. (2) Thp City Manager is hereby authori2ed to sign such agreement on behalf of the City of Kenai. PASSED by the Council of the City of Kenai, Alaska, this 1st day of March, 1978. /~fC~~~~ NCENT RE LLY, ATTEST: l~ Su Peter, C ty C erk of aiasKn ~~~~~~~©nr/~/~~/!%~~/~ 1O, ~- DAiE. CRIMINAL JUSTICE AGENCIES February 8, 1978 FILE NO: iEIEPHONE NO: V 3ers A reement - Richard L. Burt n 9 Commissioner sua~ECi. Criminal History Records Fsonn: Department of Public Safety In order for the Alaska Department of Public Safety to comply with regulations promulgated by the United States Department of Justice concerning criminal history records, we must enter into a "Users Agreement" with each agency to which we disseminate arrest data. Attached is a copy of the agreement to be used for this purpose. It is requested said agreement be signed and re- turned prior to March 1, 1978,. which is the effective date of the federal regulations. If no agreement is signed, then no dissemination can be made to your agency after that date. For your information, we are in the final planni~ig stages of putting criminal histories on P_JIS, and therefore have in- cluded dissemination from AJIS in the agreement. We hope to start coding this month and have the records on line around July of this year. The histories on AJIS will be somewhat limited due to the fact that AJIS regulations allow conviction data only, and does have purge criteria. I will send you more on this when it is about ready to go on-line. Police departments who make arrests, but do not book their prisoners into a state jail, should fingerprint the defendants and submit a copy of said fingerprints to R&I in Juneau. This will assure that the arrest is entered on defendant's record. If defendant is not fingerprinted, said arrest will not be included in R&I files. ~ - If you have any questions about the users agreement, or anything else to do with criminal histories, contact Bill Brown, Supervisor, Records and Identif ication, Department of Public Safety, Juneau. Telephone: 465-4343. Attachments N 4 I 1 ~~ a _. . _ . I~\ ~~~ STATE OF ALASKA DEPARTMENT OF PUBLIC SAFETY USERS AGREEMENT The u:~dersigned, having the authority to enter into this contractual agreement, does understand and agree to the controls on criminal history information dissemination and the conditions on its use as described below. I have read and understand the requirements of the Federal Regulations, Title 28, Chapter 1, Part 20-Cr3.minal Justice Information Systems; Title 13, Alaska Administrative Code, Chapter 25, Article 2, Sections 210-300; Alaska CJIS Regulations, Title 6, Alaska Administrative Code, Chapter 60, Article 1-5; and the Alaska CJIS Security and Privacy Statutes, Title 12, Chapter 62. I understand that: 1. Each user must query-the central repository from where the record was received before using or disseminating criminal history information which was received from the central repository over thirty days previous to said use or dissemination, unless it can be assured the most up-to-date disposition data is being used. 2. Access to criminal history information must be for criminal justice purposes and no redissemination of the information will be made unless the agency that is to receive this information is also bound by a users agreement. . 3. Any questions as to the authority for redissemination of criminal history information to another agency will be referred to the Records & Identification Supervisor, Alaska Department of Public Safety. 4. Copies of criminal history information will be considered confidential and stored in a secure location, and will be destroyed when they no longer serve the purpose for which they were obtained. 5. Access to criminal history information can be cancelled if me or my agency knowingly violate any of the requirements for control of this information. 6. Misuse of criminal justice information can result in civil penalties for actual damages and criminal penalties of a fine of not more than $1,000 or by imprisonment of not more than one year. Date .. Authorized Signature Title Agency r ~ ~ ~ . --