City Council Meeting Date: July 19, 2016
To: Mayor and City Council
From: Ben Martig, City Administrator
Title
Consideration of Resolution Approving State of Minnesota Joint Powers Agreements with the City of Northfield on Behalf of Its City Attorney.
Body
Action Requested:
Staff recommends that the City Council approve the attached resolution Approving State of Minnesota Joint Powers Agreements with the City of Northfield on Behalf of Its City Attorney.
Summary Report:
The City Council is being asked to approve the attached resolution to enter into Joint Powers agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension, for our City Attorney to use systems and tools over the State criminal justice data communications network for which the city is eligible. Access to this information is essential for the performance of the City Attorney as prosecutors for the City in both the charging and sentencing functions.
The Joint Powers agreements provide the City with the ability to add, modify, and delete connectivity, systems, and tools over the five year life of the agreement and obligates the city to pay the costs for the network connection. The City’s agreement with Eckberg Lammers obligates them to pay for this service directly. There is no other cost associated with their access. This is not a new service or charge, but a renewal and update of an existing agreement last approved in 2011. The City Council had approved resolutions authorizing the access of the police department and Eckberg Lammers in February of 2015. This most current action will only relate to our City Attorney.
The information accessed through the Bureau of Criminal Apprehension (BCA) PsPortal is limited to the same Drivers and Vehicle Services (DVS) records the police department can access that Eckberg Lammers use to meet the criminal justice obligations to the City. The information accessed is limited to individuals that are either charged with a crime or referred to our office for possible charging. The information is only accessed to determine criminal defendant charging and criminal defendant sentencing. This does not necessarily mean they will only be accessed if charged with a crime. At times the information is necessary to determine charging for the enhancement of offenses.
City prosecutor, Thomas J. Weidner is not the only person able to access this information in their office. Qualified employees in their prosecution department are provided access to this information by the BCA. Prior to obtaining access to the PsPortal the BCA completes a background check of each of our employees and issues them a separate ORI number for auditing and security purposes. The other qualified employees in the prosecution department include, but is not limited to, Rebecca Christensen who is an employee of Eckberg Lammers and routinely represents the City of Northfield. She has cleared the BCA background check and has been given an ORI by the BCA to access this information.
Access to this information is routinely audited by the BCA Training and Auditing Department. The BCA retains a record of all requested information through the PsPortal. If Eckberg Lammers access prohibited information they are subject to varying degrees of consequences ranging from denial of access to criminal prosecution. Any violator of the access agreement will be subject to penalty under the applicable laws.
Eckberg Lammers is acting as an agent of the City, therefore, the may be responsible. Per the legal agreement with the City, Eckberg Lammers would indemnify the City for any losses incurred by the City due to their action and carry Professional Liability Insurance for that reason.
A representative of Eckberg Lammers will be present at the meeting to answer any questions the Council may have.
Alternative Options:
N/A
Financial Impacts:
There is no additional expense to the City. The service is included as part of the Prosecuting Attorney contract.
Tentative Timelines:
This item was postponed at the July 5, 2016 meeting.