HomeMy Public PortalAbout16-9158 MOU Between the Florida Department of Law Enforcement for Ongoing Participation in the Regional Law Enforcement Sponsored by: City Manager
Resolution No. 16-9158
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO EXECUTE THE MEMORANDUM
OF UNDERSTANDING (MOU) BETWEEN THE FLORIDA
DEPARTMENT OF LAW ENFORCEMENT (FDLE) AND THE
CITY OF OPA-LOCKA POLICE DEPARTMENT FOR THE
ONGOING PARTICIPATION IN THE REGIONAL LAW
ENFORCEMENT EXCHANGE SYSTEM (R-LEX)(Exhibit A);
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Southeast Regional Domestic Security Task Force — Region 7 has
begun a project to include the Florida Department of Law Enforcement to replace/update the
REGIONAL LAW ENFORCEMENT EXCHANGE SYSTEM with the FBI's NATIONAL
DATA EXCHANGE (N-DEX); and
WHEREAS, the City of Opa-locka Police Department (OLPD) desires to continue
participating in the data exchange sharing project by executing the revised R-LEX Memorandum
of Understanding with the Florida Department of Law Enforcement; and
WHEREAS, the Regional Law Enforcement Exchange System is funded primarily
through the Federal Homeland Security Grant Program, and funding has been obtained or
applied for in amounts sufficient to cover the R-LEX System; and
WHEREAS, the City Commission believes it to be in the best interest of the City to
facilitate the continuation of an ongoing cooperative partnership of support and operation of law
enforcement agencies to provide records and other data from certain systems to contributing
agencies and parties of this Memorandum of Understanding.
Resolution No. 16-9158
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka, Florida, hereby authorizes
and directs the City Manager to execute the Memorandum of Understanding (MOU) with the
Florida Department of Law Enforcement (FDLE) for continued OLPD participation in the
Regional Law Enforcement Exchange System (R-LEX), in substantially the form attached hereto
as Exhibit "A."
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 24th day of February, 2016.
Ar
M 6IFL. Taylor
Mayor
Attest to: Approved as to form and legal sufficiency:
Js na Flores Vincent T. Brown, Esq.
Cit Clerk BROWN LAW GROUP, LLC
City Attorney
Moved by: COMMISSIONER SANTIAGO
Seconded by: COMMISSIONER PINDER
Commissioner Vote: 3-0
Commissioner Kelley: NOT PRESENT
Commissioner Pinder: YES
Commissioner Santiago: YES
Vice Mayor Holmes: YES
Mayor Taylor: NOT PRESENT
,OQ G-LOCI�y
gip`.
.�Fno-p t EO
City of Opa-Locka
Agenda Cover Memo
Commission Meeting Item Type: Resolution Ordinance Other
Date:
(EnterX in box)
Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading
(Enter X in box) Yes No (Enter X in box)
Public Hearing: Yes No Yes No
n/a (EnterX in box)
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
(Enter Acct No.) (Enter X in box)
ITEM BUDGETED: n/a
YES
NO
Contract/P.O.Required: Yes No RFP/RFQ/Bid#:
(Enter X in box) xx N/A
Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the
(Enter X in box) specific objective/strategy this item will address)
Enhance Organizational 0
xx Bus.&Economic Dev
Public Safety
Quality of Education
Qual.of Life&City Image 0
Communcation
Sponsor Name Department:
Opa-locka Police Dept.
Short Title:
MOU between FDLE & OLPD re RLEX.
Staff Summary:
Additional investigative resources for General Investigation Unit.
Proposed Action:
Staff supports entering into agreement.
Attachment:
1 Memorandum of Understanding between FDLE & OLPD (2 original sets)
2 Agenda Item Memorandum
3 Draft Resolution
4 Resolution #11-8177
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT
(FDLE)
AND
THE OPA-LOCKA POLICE DEPARTMENT
(OLPD)
FOR PARTICIPATION WITHIN
THE FLORIDA REGIONAL LAW ENFORCEMENT EXCHANGE SYSTEM
(RLEX)
APPROVED
JANUARY 21, 2016
TABLE OF CONTENTS
I. BACKGROUND/PURPOSE
IL PARTIES
III. AUTHORITY
IV. SOURCE. STATUS. AND PURPOSE OF SHARED INFORMATION
V. N-DEX PARTICIPATION
VI. USE OF N-DEX FOR CRIMINAL JUSTICE EMPLOYMENT SCREENING
VII. RESPONSIBILITIES OF CONTRIBUTORS OF INFORMATION
VIII. ACCESS TO INFORMATION
IX. ACCEPTABLE USE AND DISSEMINATION OF INFORMATION
X SECURITY
Xl. N-DEX RESPONSIBILITIES
XII. COSTS
XIII. LIABILITY
XIV. GOVERNANCE
XV. SANCTIONS
XVI. EFFECTIVE DATE/DURATION/MODIFICATION/TERMINATION
XVII. AMENDMENTS
XVIII. NOTICE AND CONTACT
XIX. SIGNATORY PAGE
APPENDIX A: N-DEx CRIMINAL JUSTICE EMPLOYMENT SCREENING REQUIREMENTS
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RLEX MOU 2/5/2016
BACKGROUND/PURPOSE
The Florida Regional Law Enforcement Exchange (RLEX) is a law enforcement
information sharing system that is designed to assist agencies in solving crime and fighting
terrorism through improved data sharing. The initial system was the product of a joint
procurement between the Tallahassee, Ft. Myers, and Miami Regional Domestic Security
Task Force regions, as well as State law enforcement agencies.
The purpose of the RLEX system is to allow participating agencies to contribute data
(principally records management and jail management systems) in a format which will give
other participating agencies the ability to query the data. RLEX utilizes the Law
Enforcement Information Exchange (LInX) data sharing initiative as the core mechanism
for access to the data, and RLEX operates within LInX under the system name of Florida
Regional Law Enforcement Information Exchange (FL-RGNL). This system provides the
warehouse of data for participating agencies, and will enable RLEX to query other LInX
systems beyond the FL-RGNL region of LInX to access other regions across the country
and the FBI National Data Exchange (N-DEx) system.
The purpose of this MOU is to formally set forth the terms and conditions for participating
in the RLEX system, including the ownership and control of the information within the
system. This MOU is intended to supersede the previously-signed R-LEX Procurement
MOU, the RLEX Implementation (Agency) MOU, and all subsequent versions and
amendments thereof.
II. PARTIES
A. The parties to this MOU ("Parties") are the Florida Department of Law
Enforcement and the Opa-locka Police Department.
B. Other law enforcement agencies within Florida may choose to participate in RLEX
by signing and agreeing to this RLEX MOU with the Florida Department of Law
Enforcement. Such agencies, upon becoming a party to the MOU, shall have the same
rights, privileges, obligations, and responsibilities as all other parties, consistent with and
as determined by the agency's use of the system.
III. AUTHORITY
Authority for Florida state, county, and local agencies to enter into this MOU includes
Sections 943.03(5), 943.03(14), 943.0312(2), and 943.0544(5), Florida Statutes (2015).
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RLEX MOU 2/5/2016
IV. SOURCE, STATUS, AND PURPOSE OF SHARED INFORMATION
A. The RLEX solution relies upon a cooperative partnership of law enforcement
agencies (contributing Agencies) to provide records and other data from certain data
systems under their control (sharing their data). Contributing Agencies agree to share
their identified data with each other and with other parties to this MOU.
B. Each Agency participating in RLEX does so under its own individual legal status,
jurisdiction, and authority, and all RLEX operations are based upon the legal status,
jurisdiction, and authority of the individual participating agencies. The RLEX data-sharing
initiative is not intended to, and shall not be deemed to have any independent legal status.
This MOU is an agreement between the parties and is not intended to create, and does
not create or confer, on any other person or entity any right or benefit, substantive or
procedural, enforceable at law or otherwise.
C. The RLEX warehouse system will be housed in a secure datacenter located in
Florida, as approved by the Executive Steering Committee (ESC). In use, the system will
be encrypted over the Florida's Criminal Justice Network (CJNet) and only law
enforcement agencies will have access to the data.
D. RLEX will only be populated with source information derived from each
contributing Agency's "own records," and is not in any manner intended to be an official
repository of original records, or to be used as a substitute for one, nor is the information in
the system to be accorded any independent record system status.
E. There is no obligation and there should be no assumption that a particular
Agency's records housed in the RLEX data warehouse represent a complete or accurate
mirror image of that Agency's records system for any subject or person.
F. Commercially available references, public source information, and software
applications, such as commercial directories, census data, mapping applications, and
analytical applications are considered to be non-record material and will be maintained in
accordance with applicable contracts and/or licensing agreements. To the extent that any
such information is relevant and appropriate for preservation as independent records, it will
be the responsibility of the accessing Agency to incorporate such information as records of
the accessing Agency in the Agency's own official records system(s) in accordance with
that Agency's records management processes and any applicable contract or licensing
agreement.
G. RLEX is not intended by the participating agencies to operate or be used as a
criminal history system or a criminal intelligence system governed by the provisions of Title
28, Parts 20 and 23 respectively, of the Code of Federal Regulations.
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RLEX MOU 2/5/2016
V. N-DEX PARTICIPATION
A. For data shared with the FBI's National Data Exchange (N-DEx) system,
contributing agencies will, unless otherwise authorized as provided herein, use the version
of the FBI ORI Sharing Template approved by the RLEX ESC, which restricts full data
access to law enforcement agencies only, and provides "pointer" information to other
criminal justice entities (i.e., an indication that information is held by a contributing agency,
but not the content of that information). Contributing Agencies will retain full control over
access to their data within N-DEx and have the ability to configure additional access
restrictions via the FBI ORI Sharing Template. If a contributing agency prefers to modify
the FBI ORI Sharing Template with respect to access restrictions of the Agency's data
stored in N-DEx, access to the Template for that purpose will be granted by contacting the
N-DEx Program Office at the FBI.
B. The FBI will include N-DEx system use audits in its triennial audits of FDLE
Criminal Justice Information Services (CJIS). In addition, FDLE CJIS will include N-DEx
audits in its normal triennial CJIS audits of each participating agency.
1) Both the FBI CJIS Division and the Florida CJIS Systems Officer (CSO)
may audit N-DEx use through RLEX at the agency and regional level. In addition,
the FBI CJIS Division and the CSO may review any available RLEX Self-Audit
Reports as a further means of auditing compliance with N-DEx polices and
requirements.
2) All such audits of N-DEx access through RLEX will be"system use"audits
to assess the Participating Agencies' understanding of and compliance with N-DEx
policies and requirements, as well as those of RLEX. The audits may also review
the frequency of submissions of data to N-DEx. Such N-DEx audits will not
include data quality (e.g., completeness and accuracy) reviews for records
contributed to N-DEx by Participating Agencies. Rather, the CSO expects the
RLEX Metadata Planners and Agency Administrators will conduct periodic data
quality reviews.
VI. USE OF N-DEX FOR CRIMINAL JUSTICE EMPLOYMENT SCREENING
Participating agencies may use N-DEx to conduct criminal justice employment background
checks, including the screening of employees or applicants of other agencies over which
participating agencies maintain management control, provided the correct use code "J" is
selected and the User follows official FBI CJIS policy regarding Notice and Consent,
Redress and Use Code J, as explained in the current Criminal Justice Information
Services Law Enforcement National Data Exchange (N-DEx) Policy and Operating
Manual ("N-DEx Policy Manual"). Agencies must modify the User's Notice and Consent
form to the applicant for employment as described in Appendix A: N-DEx Criminal Justice
Employment Screening Requirements.
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RLEX MOU 2/5/2016
VII. RESPONSIBILITIES OF CONTRIBUTORS OF INFORMATION
A. Each Agency retains sole ownership of and sole responsibility for the information it
contributes, and may at will at any time update, correct, or delete any of its information
contained in RLEX. All system entries will be clearly marked to identify the contributing
Agency.
B. Just as each party retains sole ownership and control of the information it
contributes, so does a party retain sole ownership of the copies of that information
replicated in RLEX. An RLEX user may print a record from any RLEX agency and retain
said copy to assist with case investigation. Destruction of the said copy may only take
place in accordance with applicable Florida public record retention requirements. An
RLEX user may print a record from any other Regional LInX agency; however the
retention time for all other Regional LInX agencies is 72 hours. At the end of the 72-hour
period said user must destroy the copy. No records printed from a LInX system, including
RLEX, may be used as part of any investigative case file. A user must obtain an official
record and approval from the contributing agency, regardless of where the agency is
located, in order to use in an investigative case file.
C. Each Agency will be responsible for ensuring sealed or expunged records are
updated as such within the RLEX system. The action will occur as an automated process,
but can be performed manually by the vendor should the automated process fail.
D. The contributing Agency has the sole responsibility and accountability for ensuring
that no information entered into RLEX was obtained in violation of any Federal, State, or
local law applicable to the contributor and for ensuring compliance with all laws,
regulations, policies, and procedures applicable to the Agency's entry and sharing of
information into RLEX, to include, but not limited to, firearm ownership data prohibited
from being compiled by Section 790.335, Florida Statutes.
E. In an effort to maintain system discipline, contributing Agencies shall submit data,
including any updates or changes to the original submission, on at least a monthly basis.
Updates and changes are encouraged as often as the contributing Agency can feasibly
execute them.
F. RLEX includes an audit capability that will log user activity. Each Agency will
designate a point of contact who shall have access to that Agency's portion of the audit
log. Internal requests for copies of the audit log may be forwarded to each Agency for
direct response to that Agency's portion of the audit log. All audit log files shall be
protected to prevent unauthorized changes or destruction.
VIII. ACCESS TO INFORMATION
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RLEX MOU 2/5/2016
A. Each Agency may restrict any investigative information to the extent deemed
necessary for confidentiality or security purposes.
B. Newly discovered links, matches, relationships, interpretations, etc., located in the
analysis of RLEX information may be relevant and appropriate for preservation as
independent records. It will be the responsibility of the accessing Agency to incorporate
such information as records of the accessing Agency in the Agency's own official records
system(s) in accordance with that Agency's records management processes. An Agency
that desires to incorporate in its own separate records information contributed by another
Agency, including any analytical products based on another Agency's information, must
first determine the current status of that information from the entering Agency, and advise
the entering Agency of its intent to use the data.
C. An Agency member may not access RLEX unless he or she has a legitimate,
official need to know for an authorized criminal justice purpose. Authorized criminal justice
purpose includes preliminary screening of applicants (including contractors and vendors)
for employment with an Agency; provided that no action in this regard will be taken based
solely on information retrieved from the RLEX system, and that such information must be
verified and substantiated, independently of its presence in RLEX, before any action is
taken. Any use made of information derived from or related to data in the RLEX system
for employment or contractor/vendor screening must be consistent with applicable state
and federal law. RLEX information shall not be included in any official case file, nor used
in the preparation of judicial process such as search or arrest warrants (with
accompanying affidavits) or subpoenas. References to the RLEX database should be
avoided in lieu of references to the original source documentation.
D. Any Agency member directly accessing the RLEX system must hold a current
FDLE CJIS certification or have completed Security Awareness Training as required by
the FBI CJIS Security Policy. Agencies are responsible for assuring that any agency
member directly accessing the RLEX system is in compliance with this requirement.
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RLEX MOU 2/5/2016
E. As allowed by Florida's CSO, RLEX participating agencies agree to delegate to
FDLE the following requirements of the FBI CJIS Security Policy for contractors and
vendors fulfilling contractual requirements in support of the RLEX system and data:
Minimum Screening Requirements for Individuals Requiring Access to CJI; Personnel
Screening for Contractors and Vendors; Security Awareness Training; and Private
Contractor User Agreements and CJIS Security Addendum of the FBI CJIS Security
Policy. If an individual contractor or vendor is found to have an arrest history, the
participating agency will, as required by each Agency's CJIS user agreement, notify the
State CSO so that a decision regarding access can be made based on the FDLE
Guidelines for CJIS Access. In addition, FDLE will maintain a list of approved RLEX
contractors and vendors who have completed the background process that will be made
available to participating agencies upon request. The background investigation conducted
by FDLE meets or exceeds the FBI CJIS Security Policy requirements. (Any reference to
the FBI CJIS Security Policy in this MOU shall be understood to be to the current version
of that Policy.) FDLE will retain fingerprints at the state level for all contractors/vendors
working on the RLEX system for the purpose of an arrest-hit notification within the State of
Florida and at the national level once National RAPBACK is implemented within Florida.
IX. ACCEPTABLE USE AND DISSEMINATION OF INFORMATION
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RLEX MOU 2/5/2016
A. Any release of information from the RLEX system should be made in conformance
with the obligations and exemptions from dissemination imposed by Florida law.
Participating Agencies will not release information generated by another Agency without
first consulting the originating (contributing) Agency to determine the current status of that
information. Information which is exempt from disclosure by law may not be released
without the permission of the originating Agency.
B. Information obtained from the RLEX system, including analytical products derived
therefrom, shall not be used as a basis for enforcement or other official action, including
employment screening Qr screening Qf contractors and vendors, unless the user Agency
first notifies and verifies the reliability and accuracy of the information with the Agency(s)
that contributed the information in question.
C. Notwithstanding the requirement in the preceding paragraph (IX)(B), immediate
dissemination of RLEX information without permission can be made if:
1) There is an actual or potential threat of terrorism, immediate danger of
death or serious physical injury to any person, or imminent harm to the national
security; or
2) It is necessary to disseminate such information without delay to any
appropriate recipient for the purpose of preventing or responding to such a threat,
danger, or harm.
D. The RLEX contributing agency shall be immediately notified of any dissemination
made under paragraph C, above.
E. Information in the system shall not be disseminated outside of an accessing
Agency without first obtaining express permission of each Agency that contributed the
information in question unless the information is subject to disclosure by court order or
applicable law. The owner of the information shall be subsequently notified of any and all
disseminations made under this exception.
F. The parties to this MOU recognize and acknowledge that any Agency having
custody of information remains responsible for responding to public records requests for
that information in accordance with applicable law (specifically, Chapter 119, Florida
Statutes). Chapter 119 also identifies various types of information that are exempt from
disclosure, including many related to law enforcement and public safety. These include,
but are not limited to active investigations, juvenile records, names. and addresses of
sexual assault victims, security information, and critical infrastructure information.
G. Information or summaries of information from the RLEX system may be shared
with a non-participating law enforcement agency in the furtherance of a legitimate law
enforcement investigation, with the recognition that such disclosure, for other than criminal
justice purposes, may risk waiver of public records exemptions for that information moving
forward.
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RLEX MOU 2/5/2016
H. Data from the RLEX contributing agencies may be shared with local, state, tribal,
and federal law enforcement agencies through external systems similar to RLEX with the
majority approval of ESC members and contingent upon the Representative(s) of the
connecting system signing an MOU with FDLE that incorporates the following terms:
1) Viewing and use of RLEX data shall be restricted to law enforcement
agencies within the jurisdictions of the United States and its various states and
territories.
2) Acceptable Access, Use, and Dissemination rules of the RLEX System (as
described in sections VIII and IX) must be followed by all users.
3) The connecting system, its members, and users must adhere to the latest
approved version of the FBI CJIS Security Policy.
For the FBI's National Data Exchange (N-DEx) or other system outside of Florida, the
following term must also be included:
4) Data shared with the FBI's National Data Exchange (N-DEx)system must
use the FBI ORI Sharing Template to restrict data sharing to law enforcement and
to the purposes defined in the RLEX MOU.
I. RLEX information cannot be accessed or used for any other purpose, including
general licensing, eligibility for federal or state benefits, or background investigations for
other agencies. All agencies will share their investigative information with the other RLEX
agencies under an express promise of confidentiality. Agencies will protect such
information from disclosure to the greatest extent possible consistent with applicable public
access laws, and applicable compulsory process (such as a court order). Agencies will
notify the RLEX ESC immediately upon becoming aware of a lawsuit or a preceding
information demand brought in any court seeking access to information in RLEX, in either
verbatim or derivative form.
J. Under no circumstance is an Agency to publicly report statistics using data from
another jurisdiction obtained through operation of this MOU without prior written
authorization from the contributing agency that owns the data. This includes statistics of
any kind for the entire jurisdiction or part of the jurisdiction; Uniform Crime Reporting
(UCR) statistics and non-UCR statistics; and internal studies, published studies, maps or
grant projects.
K. Any requests for reports or information stored within RLEX will be directed to the
contributing agency. Requests for information from RLEX that has been incorporated into
the accessing Agency's records and analytical products based on another Agency's
information are subject to applicable public records laws.
L. If at any time an Agency fails to comply with the acceptable use and dissemination
of information policies, that party may be deemed in material breach of this MOU.
X. SECURITY
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A. Data stored in the RLEX system will be stored in a Physically Secure Location as
defined by the most recent version of the FBI CJIS Security Policy(October 2015, Version
5.4)and will only be accessible via CJNet.
B. Each Agency will be responsible for designating those employees who have
access to RLEX and agrees to use the same degree of care in protecting information
accessed under this MOU as it exercises with respect to its own sensitive information.
C. Each Agency shall designate an Administrator who will be authorized to add and
delete users from the RLEX system. Each Agency is responsible for notifying its
Administrator to promptly revoke user access to the RLEX system when the user no
longer requires or no longer is permitted access to the RLEX system or has separated
from the Agency. The Administrator is responsible for ensuring that each user has a
current telephone number and email address associated with his or her profile in RLEX.
D. Each Agency is responsible for ensuring that mandatory training is completed by
each employee authorized to access the RLEX system prior to providing query access to
RLEX. Specifically, the training must include information regarding the appropriate use
and dissemination of information obtained from the system and compliance with N-DEx
training requirements described in the current N-DEx Policy Manual.
E. Each Agency agrees to take appropriate corrective administrative and/or
disciplinary action against any of its personnel who misuse the RLEX system, as that
Agency would if it were an abuse of sensitive information in its own record system.
F. Personnel, physical, administrative, and technical security shall be consistent with
the FBI's CJIS Security Policy.
XI. N-DEX RESPONSIBILITIES
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A. Each Agency shall designate and notify RLEX and Florida's CJIS Systems Officer
(CSO) of an N-DEx Agency Coordinator (NAC), who will serve as the Agency's point of
contact for matters relating to N-DEx, including monitoring the Agency's compliance with
N-DEx system policies, as identified herein and within the N-DEx Policy Manual. The
Agency may change its NAC at any time, but must notify RLEX and the CSO in writing of
the change. The RLEX Agency Administrator and NAC may be the same person for the
Agency.
B. The NAC may hold any one or more of the administrative roles specified in the
Policy Management section of the N-DEx Policy Manual. The NAC will be responsible for
the following functions, as identified in the N-DEx Policy Manual and required by the CSO:
1) Exercising supervisory authority over the operation of N DEx at the Agency
2) Training on N-DEx policies
3) Adhering to authorized use/dissemination of N-DEx information
4) Attending and participating in the N-DEx audit process
5) Maintaining agency-level records pertaining to N DEx users and notifying
the CSO of any changes
6) Reporting violations or incidents of attempts to compromise N-DEx, R-LEX,
or information contained within the systems, immediately to RLEX and the CSO.
7) Assuring completion of fingerprint- based criminal history checks on all
N-DEx users and notifying the CSO if an arrest history is found.
8) Assuring along with the Agency Source Data Administrator(SDA), as
described in the N-DEx Policy Manual, that the configurable information sharing
controls are set according to Agency requirements.
9) Assuring Agency adherence to the N-DEx Policy Manual, CJIS Security
Policy, and this Agreement in their submission, access, and use of N-DEx
information
10) Conducting an annual audit of all Agency users of N-DEx to include
confirming that those users are eligible to participate in N-DEx; and notifying the
CSO of all users, upon request or as needed to maintain currency and
completeness of the list of users.
XII. COSTS
A. Ongoing costs for RLEX will be typical software/system maintenance costs. When
practical and authorized, efforts will be made to secure federal grant funding to meet these
costs; however such funding is not guaranteed. If future grant funding cannot be secured,
the Executive Steering Committee (ESC) will seek other funding alternatives. The parties
acknowledge that there is no intimation, promise, or guarantee that funds designated for
RLEX will be available in future years.
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RLEX MOU 2/5/2016
B. During any required data configuration, mapping, uploading, testing and hardware
and software installation, a participating Agency is required to provide, at its cost,
personnel familiar with the agency databases, networks, and computer systems. Each
Agency will also be required to provide, at its cost, internal resources to administer system
access, coordinate training, and audit system usage by agency personnel.
C. Agency-specific operational costs such as internet connectivity fees or hardware to
access the CJNet are not covered by grant funds.
D. In order to provide for any data re-mapping efforts that may result, each Agency is
responsible for notifying FDLE (see contact below) at least sixty(60) calendar days prior to
performing any upgrade or replacement of any system feeding data to RLEX.
XIII. LIABILITY
A. RLEX is not a separate legal entity capable of maintaining an employer-employee
relationship and, as such, no person assigned by an Agency to perform RLEX related
functions shall be considered an employee of the RLEX or of any other Agency for any
purpose. The assigning Agency thus remains solely responsible for supervision, work
schedules, performance appraisals, compensation, overtime, vacations, retirement,
expenses, disability, and all other employment-related benefits incident to assignment of its
personnel to RLEX functions.
B. Unless specifically addressed by the terms of this MOU (or other written
agreement), the parties acknowledge responsibility for the negligent or wrongful acts or
omissions of their respective officers and employees, but only to the extent they would be
liable under the laws of the jurisdiction(s)to which they are subject. Participation in RLEX
does not constitute a waiver of any defense or immunity lawfully available to an Agency.
C. RLEX provides a suite of tools to all participating agencies to access the regional
data for the purposes of conducting investigative queries and crime analysis functions. In
addition, RLEX provides link analysis and other functions to assist agencies with their
investigations. Although the Parties make a good faith effort to ensure these tools,
functions, and all other information it provides to agencies are accurate and that the RLEX
system is available for use at all times, RLEX is a conduit for information prepared by
others, which relies on the accuracy and timeliness of data prepared by others in order to
allow sharing of data among agencies. Therefore, the Parties disclaim any responsibility
for the accuracy, correctness, or timeliness of the data. In no event shall the parties to this
MOU become liable to users of these data, or any other party, for any loss or damages,
consequential or otherwise, including but not limited to time, money, or goodwill, arising
from the use, operation or modification of the data. In using these data, users further agree
that the Parties shall have no liability of any nature arising out of or resulting from the lack
of accuracy, correctness, or timeliness of the data, or the use of the data.
XIV. GOVERNANCE
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RLEX MOU 2/5/2016
The RLEX system will be operated under a shared management concept in which the
parties will be represented by an Executive Steering Committee (ESC). Members of the
ESC ("Regional Representatives") are appointed and granted delegated authority by the
Regional Domestic Security Force (RDSTF) Co-chairs for the respective regions and
FDLE's Commissioner, or their designees. The responsibilities of the ESC are more
particularly defined in the document captioned The Regional Law Enforcement eXchange
Governance Structure, which is available on the RLEX section of FDLE's CJNet web site.
XV. SANCTIONS
A. Violation of the acceptable use policies or of any law or regulation applicable to
access to or use of RLEX or RLEX data (hereinafter referred to as"Misuse") by a party to
this MOU or one of its employees or agents, may lead to suspension or termination of an
agency or particular user's access to RLEX.
B. In the event a party to this MOU discovers suspected or actual Misuse of RLEX or
RLEX data, he or she will immediately inform the Regional Representative, who will in turn
immediately notify the ESC. The ESC in consultation with the Regional Co-chair, or
designee, will determine whether to suspend or terminate access and if so, to whom the
suspension or termination will apply, and will notify the affected Agency. Such suspension
or termination shall be immediate; it will not be delayed pending the outcome of any
appeal. The affected user will be notified of the decision by the ESC and then will have
ten (10) calendar days to appeal the decision to the ESC Chair. The ESC shall have final
decision-making authority.
C. Any supervisor, law enforcement officer, employee, agent, representative, task
force member, contractor/subcontractor, or consultant, who by virtue of his or her
employment or official position, has possession of, or access to, RLEX data that contain
individually identifiable information, the disclosure of which is prohibited by law, agreement,
this MOU, policy, rules, or regulation and who, knowing that the disclosure of the
information is prohibited, willfully or recklessly discloses the material in any manner,
including oral communication, may be prosecuted or fined under any applicable federal or
state law, or may be subject to administrative or disciplinary action.
D. An individual Agency's participation in RLEX may be terminated, involuntarily, by
unanimous agreement of the RLEX ESC, if such Agency fails to take appropriate
corrective and/or remedial action within a reasonable period, not to exceed ninety (90)
calendar days, following notification of a documented finding that the Agency in question is
in systemic or repeated Misuse, violation of applicable laws and procedures governing
access to and use of the participating Agencies' data, or is otherwise in breach of this
MOU.
XVI. EFFECTIVE DATE/DURATION/MODIFICATION/TERMINATION
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A. This MOU shall become effective when signed by the duly authorized
representatives of FDLE and the participating Agency.
B. This MOU shall continue in force for the participating Agencies indefinitely for so
long as it continues to advance those Agencies' purposes, contingent upon approval and
availability of necessary funding.
C. At any time an Agency may provide thirty(30) calendar days prior written notice to
the other participating Agencies of its intent to withdraw from participation in RLEX.
D. All rights, obligations, responsibilities, limitations, and other understandings with
respect to the disclosure and use of all information received during an Agency's
participation in this MOU shall survive any termination. This MOU shall remain in effect for
the remaining participating Agencies.
E. This MOU may be terminated at any time by the mutual written agreement of the
duly authorized representatives of all parties or when all members have withdrawn their
participation from the MOU.
F. All information contributed or accessible to RLEX by a terminating or terminated
Agency will be deleted or rendered inaccessible by the Agency from RLEX.
G. Each Contributing Agency terminating or having its participation in RLEX
terminated will have its historical data removed from the RLEX system.
XVII. AMENDMENTS
This MOU may be modified upon the mutual written consent of the participating Agencies.
However, the participating Agencies may, without the need of formal MOU modification,
cooperatively address and resolve administrative, technical, and operational details relating
to this MOU, provided that any such resolution: does not conflict with the spirit, intent, or
provisions of this MOU; could not reasonably be viewed as particularly sensitive,
controversial, or objectionable by one or more parties; and is sufficiently memorialized to
meet the business purposes of RLEX governance (including adequately informing current
and future parties).
XVIII. NOTICE AND CONTACT
A. All notices provided under or pursuant to this MOU shall be in writing, delivered
either by hand-delivery, or first class, certified mail, return receipt requested, to the
representatives identified below at the addresses set forth below.
B. The name and address of FDLE's representative responsible for the administration
of this MOU is:
Name: Jeff Dambly, Assistant General Counsel
Address: Florida Department of Law Enforcement
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2331 Phillips Road
Tallahassee, FL 32308
C. The name and address of the representative of the participating Agency
responsible for the administration of this MOU is:
Name: Sgt. Marcos Gonzalez Nelson Rodriguez, IT Director
mgonzalez loc opa pd.com nrodriauez ooalockafl.gov
Address: Opa-locka Police Dept City of Opa-locka
2495 All Baba Ave 780 Fisherman St, 4th Fl
Opa-locka, FL 33054 Opa-locka, FL 33054
305-681-1033 x235 305-935-2868 x1802
XIX.
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XX. SIGNATORY PAGE
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT (FDLE)
AND
THE OPA-LOCKA POLICE DEPARTMENT FOR PARTICIPATION WITHIN
THE FLORIDA REGIONAL LAW ENFORCEMENT EXCHANGE SYSTEM (RLEX)
AGREED TO BY:
FOR THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT:
Signature:
Date:
Name: Richard L. Swearingen
Title: Commissioner
Agency: Florida Department of Law Enforcement
FOR THE AGENCY:
Signature:
Date:
Name:
Title:
Agency: Opa-locka Police Department
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Appendix A: N-DEx Criminal Justice Employment Screening Requirements
For agencies using N-DEx to conduct Criminal Justice Employment Screening, one of the
following statements, at a minimum, must appear on the User's Notice and Consent form to the
applicant for employment:*
Notice and Consent:
General Statement:
The [Participating Agency's] acquisition, retention, and sharing of information related to
your employment application is generally authorized under 28 C.F.R. section 20.33 and
F.S. s. 943.053(3) (a) and Ch. 119. The purpose for requesting this information is to
conduct a complete background investigation pertaining to your fitness to serve as a
[employee type].
This background investigation may include inquiries pertaining to your [employment],
[education], [medical history], [credit history], [criminal history] and any information relevant
to your character and reputation. By signing this form, you are acknowledging that you
have received notice and have provided consent for [Participating Agency] to use this
information to conduct such a background investigation, which may include the searching
of[N-DEx], [criminal justice databases], [private databases], and [public databases].
Specific N-DEx Statement:
I authorize any employee or representative of [Participating Agency] to search N-DEx to
obtain information regarding my qualifications and fitness to serve as a [employee type]. I
understand that N-DEx is an electronic repository of information from federal, state, local,
tribal, and regional criminal justice entities. This national information sharing system
permits users to search and analyze data from the entire criminal justice cycle, including
crime incident and investigation reports; arrest, booking, and incarceration reports; and
probation and parole information. This release is executed with full knowledge,
understanding, and consent that any information discovered in N-DEx may be used for the
official purpose of conducting a complete employment background investigation. I also
understand that any information found in N-DEx will not be disclosed to any other person
or agency unless authorized and consistent with applicable law. I release [Participating
Agency] from any liability or damage that may result from the use of information obtained
from N-DEx.
Redress:
If employment is denied solely due to information obtained from N-DEx, and the applicant
challenges the accuracy or completeness of those records, Participating Agency (the
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denying agency) shall provide the applicant with the contact information of the agency
contributing (owning) the information underlying the decision to deny. After receiving a
written request from the applicant challenging the accuracy or completeness of the record
used to deny employment, the contributing (record-owning) agency shall then review the
relevant information and advise the applicant in writing whether it has confirmed the
accuracy or completeness of its records or whether the records will be corrected. If the
applicant does not receive a response from the contributing (record-owning) agency within
30 calendar days from the date of the applicant's written request, the applicant may
contact the FBI CJIS Division N-DEx Unit, 1000 Custer Hollow Rd, Clarksburg, WV
26306. The FBI shall forward the challenge to the contributing (record-owning) agency for
verification or correction. The contributing (record-owning) agency shall then review the
relevant information and advise the applicant in writing whether it has verified its records or
whether the records will be corrected. Agencies should inform applicants of the applicant's
responsibility to provide any corrected information to the Participating Agency (denying
agency) that may assist the contributing (record-owning) agency in its research on behalf
of the applicant.
An applicant wishing to challenge the accuracy or completeness of his or her Florida
criminal history record, if one exists, may also use the procedures for personal review set
forth in F.S. s. 943.056 and F.A.C. Rule 11C-8.001.
Use Code"J":
All use of N-DEx for criminal justice employment background investigations shall require
Use Code "J." Agencies that contribute records to N-DEx shall be permitted and enabled
to reject Use Code "J" requests. When N-DEx is searched as part of a criminal justice
employment background investigation, the fact that the search was conducted must be
documented in the applicant's file. If information accessed through N-DEx is viewed and
used during the criminal justice employment background investigation, the Participating
Agency must document in the applicant's file: (1)that the Participating Agency(requesting
agency) received advanced authorization for the use of the information for employment
purposes from the contributing (record-owning) agency and (2) that the Participating
Agency (requesting agency) has confirmed the accuracy of the information with the
contributing (record-owning) agency.
*Items in brackets may be filled in or deleted as appropriate.
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