HomeMy WebLinkAboutAgreement_Interlocal_02/05/2009~ OkIGINAL
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MEMORANDUM OF UNDERSTANDING ~~
AMONG THE PARTICIPATING AGENCIES IN THE PALM BEACH COUNTY
INFORMATION SHARING INITIATIVE KNOWN AS THE
LAW ENFORCEMENT EXCHANGE (LEX)
A. PURPOSE.
1. This Memorandum of Understanding (MOU) is entered into by the law
enforcement agencies in Palm Beach County who are participating in an information
sharing initiative known as the Law Enforcement Exchange (LEX). The purpose of this
MOU is to set forth the policy and procedures for the use of the LEX system by the
participating parties, including the ownership and control of the information within the
system which may be contributed by each party for use by the LEX and the participating
agencies.
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2. The driving impetus for this initiative and MOU is to further efforts against
crime and terrorism. Objectives include: identifying and locating criminals, terrorists and
their supporters; identifying, assessing, and responding to crime and terrorist risks and
threats; and otherwise preventing, detecting, and prosecuting criminal and terrorist
activities. To achieve these ends, it is essential that all law enforcement agencies
cooperate in efforts to share pertinent information. LEX will integrate relevant records of
the parties, effectively providing each participating agency with a single source for
regional law enforcement information. For security purposes, LEX access will be via a
separate, sensitive but unclassified server.
3. The LEX System will be available for use by participating law enforcement
agencies in furtherance of authorized law enforcement activities as well as the
prevention and detection of terrorist risks and threats. Utilizing the LEX capabilities will
4 significantly advance public safety and security, and will enhance the protection of Palm
Beach County.
B. PARTIES.
1. The originating parties to this MOU are the following local Palm Beach County Florida
law enforcement agencies:
North Palm Beach PD
Boca Raton PD
' Delray Beach PD
West Palm Beach PD
Lantana PD
Palm Beach Gardens PD
Jupiter PD
Juno Beach PD
Tequesta PD
Palm Beach Sheriffs Office
LEX MOU 9/11/2008 Page 1 of 13
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2. The parties agree that maximum participation by all eligible law enforcement
agencies will strengthen the purposes of this MOU. Accordingly, the parties anticipate
and desire that other eligible agencies will join this MOU in the future. An eligible
agency must apply for and be approved by the Board of Directors. The Board of
Directors shall establish criteria for eligibility to join; such as but not limited to security
compliance, data accountability, technical capability, and operational history. A joining
agency once approved by the Board of Directors shall also be considered a party and
shall have the same rights, privileges, obligations, and responsibilities as the original
parties.
C. POINTS OF CONTACT. Each party shall designate an individual as the party's point
of contact (POC) for representing that party in regard to the MOU. A party may change
its POC at any time upon providing written notification thereof to the POCs of all other
parties.
D. MISSION/OBJECTIVES. This initiative seeks to capture the cumulative knowledge
of the region's law enforcement agencies in a systematic and ongoing manner to
maximize the benefits of information gathering and analysis to prevent and respond to
terrorist and criminal threats; to support preventive, investigative and enforcement
activities; and to enhance public safety and force protection for Palm Beach County.
The specific objectives of the LEX are to:
1. Integrate specific categories of existing law enforcement, criminal justice and
investigative data from participating agencies in near real time that wilt be accessible by
all participating agencies.
2. Dramatically reduce the time spent by participating agency personnel in
search and retrieval of relevant data by providing query and analytical tools.
3. Provide the means for the participating agencies to develop analytical products
to support law enforcement, criminal investigation, force protection, and counter-
terrorism operational and investigative activities.
4. Provide an enhanced means for the participating agencies to produce strategic
analytical products to assist administrative decision-making processes for area law
enforcement executives.
E. CONCEPT.
1. LEX is a cooperative partnership of law enforcement agencies, in which each
agency is participating under its own individual legal status, jurisdiction, and authorities,
and all LEX operations will be based upon the legal status, jurisdiction, and authorities
of the individual participants. The LEX is not intended to, and shall not, be deemed to
have independent legal status.
LEX MOU 9/11/2008 Page 2 of 13
2. The LEX will become a central electronic clearinghouse, or gateway for
providing derivative data to other Federal, State, county, and local law enforcement
initiatives when required and announced by the LEX Board of Directors. The system
will function with querying and analytical tools in support of law enforcement activities,
criminal investigations, force protection, and counter terrorism, and for the development
of reports by the participating agencies for the use of their executive decision makers.
3. The LEX server will be located at the Palm Beach County Sheriff's Office. All
parties contributing data to the LEX System will have equal access to the LEX
application and functionality via secure Internet connections.
G. OWNERSHIP, ENTRY, AND MAINTENANCE OF INFORMATION.
1. Each party retains sole ownership of, exclusive control over content and sole
responsibility for the information it contributes, and may at will at any time update or
correct any of its information, or delete it from the LEX System entirely. All system
entries will be clearly marked to identify the contributing party.
2. Just as each party retains sole ownership and control of the information it
contributes, so does a party retain sole ownership and control of the copies of that
information accessed in the LEX system.
3. The contributing party has -the sole responsibility and accountability for
ensuring that no information provided to the LEX System that was obtained in violation
of any Federal, State, or local law applicable to the contributor.
4. The contributing party has the sole responsibility and accountability for
ensuring compliance with all applicable laws, regulations, policies, and procedures
applicable to the party's sharing of information.
5. The contributing party has the sole responsibility and accountability for making
reasonable efforts to ensure the accuracy of their data, and continuing accuracy
thereafter, of information contributed. Each party will notify the contributing party and
the Board of Directors of any challenge to the accuracy of the contributing party's
information.
6. Because information provided to the LEX System will be derivatives of
information obtained and separately managed by the entering party within its own
record system(s), and for which the contributing party is solely responsible and
accountable, information submitted by the participating parties shall not be altered or
changed in any way, except by the contributing party.
7. The information provided by LEX is a derivative from each contributing party'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. Rather, this electronic system is
LEX MOU 9/11/2008 Page 3 of 13
merely a means to provide timely access for the law enforcement parties to information
that resides in existing files/records systems.
8. To the extent that any newly discovered links, matches, relationships,
interpretations, etc., located in the analysis of LEX information may be relevant and
appropriate for preservation as independent records, it will be the responsibility of the
accessing party to incorporate such information as records of the accessing party in the
party's own official records system(s) in accordance with that party's records
management processes (subject to obtaining any contributing party's consent as
provided below). A party that desires to incorporate in its own separate records
information contributed by another party, including any analytical products based on
another party's information, must first obtain the data directly from the entering party
and obtain the entering party's express permission to use the data.
9. Commercially available references, public source .information, and software
applications, such as commercial directories, census data, mapping applications, and
analytical applications are considered to be nonrecord 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 the responsibility of the accessing party to incorporate such information
as records of the accessing party in the party's own official records system(s) in
accordance with that party's records management processes and any applicable
contractor licensing agreement.
10. Each agency has agreed to provide law enforcement, criminal justice and
investigative types of records, reports, photographs, and information to the LEX System.
11. There is no obligation and there should be no assumption that a particular
party's records accessed by the LEX system is a complete representation of that party's
records system for any subject or person.
H. ACCESS TO AND USE OF INFORMATION.
1. Each party will participate in the exchange of information and contribute
information to the LEX system as is applicable, and agrees to permit the access,
dissemination, and/or use of such information by every other party under the provisions
of this MOU (and any other applicable agreements that may be established for the
LEX). The contributing party has the sole responsibility and accountability for ensuring
that it is not constrained from permitting this by any laws, regulations, policies, and
procedures applicable to the submitting party.
2. Agencies that choose to not provide data for inclusion in the LEX are not
eligible to be voting members of the LEX Board of Directors, and are not allowed to be
parties accessing the LEX System without express, written approval of the LEX Board
of Directors. Only duly constituted law enforcement components of Federal, military,
LEX MOU 9/11/2008 Page 4 of 13
state, county, or local jurisdictions may become members of LEX. Exceptions must
have the written approval of the LEX Board of Directors.
3. All parties will have access via a secure internet connection to all the
information in the LEX System, as provided in this MOU and any other applicable
agreements that may be established for the LEX; and each agency is responsible for
providing its own internet connectivity.
4. An accessing party has the sole responsibility and accountability for ensuring
that an .access comports with any laws, regulations, policies, and procedures applicable
to the accessing party.
5. A party may only access the LEX when it has a legitimate, official need to
know the information for an authorized law enforcement purpose, such as
investigations, counter terrorism, public safety, and/or national security, after receiving
training appropriate to this MOU.
6. An accessing party may use information for official matters only. The system
cannot be used for general licensing and employment purposes, background
investigations of federal, state or local employees, or any other non-law enforcement
purpose. The LEX system may be queried by member agencies to assist them iri
developing leads to pursue in the vetting process of candidates for employment in their
own agencies. However, the information contained in LEX CANNOT be utilized as the
basis for a hiring decision. Any leads developed as a result of the LEX queries must be
verified with the contributing agencies and only the actual, verified data may be used in
the hiring decision.
7. Information in the LEX system, including any analytical products, may not be
used for any unauthorized or non-official purpose and shall not be disseminated outside
of an accessing party without first obtaining express permission of each party that
contributed the information in question.
8. Notwithstanding the requirement in the previous provision that information may
not be disseminated without first obtaining express permission of each party that
contributed the information in question, in exigent circumstances, immediate.
dissemination of information can be made if a determination is made by the recipient of
the information:
(a) that the matter involves 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; and
(b) requires dissemination without delay to any appropriate federal, state,
local, or foreign government official for the purpose of preventing or responding
to such a threat.
LEX MOU 9/1 l /2008 Page 5 of 13
The owner of the information shall be immediately notified of any and all disseminations
made under this exception.
9. Any requests for reports or data in LEX records from anyone other than a party
to this MOU will be directed to the contributing party.
10. Agencies who are not part of this MOU will not have direct access to LEX.
Requests by such agencies for copies of information contained in LEX must be referred
to the individual LEX party that owns the information.
11. The information in the LEX System shall not be used to establish or verify the
eligibility of, or continuing compliance with statutory and regulatory requirements by
applicants for, recipients or beneficiaries of, participants in, or providers of services with
respect to, cash or in-kind assistance or payments under the Federal or State benefit
programs, or to recoup payments or delinquent debts under such Federal or State
benefit programs.
12. The LEX will include an audit capability that will log user activity. Each
agency will designate a Point Of Contact (POC) who shall have access to that member
agency's portion of the audit log. However, the audit log aggregate is not a record of
information wholly controlled by any one member agency and no single member agency
may disclose the content of the entire log. Any requests for copies of the entire audit log
will be forwarded to each member agency for direct response to that member agency's
portion of the audit log.
13. Member agencies and users agree that no crime analysis will be performed
on any other agency's data without the approval of the Sheriff or Chief of Police for the
purposes of performance monitoring and/or comparisons.
14. Participating agencies will make every effort to ensure system availability
and when known downtime is scheduled, notification will be provided to the LEX
Administrator.
I. SECURITY.
1. Each party will be responsible for designating those employees who have
access to the LEX. This system has been developed with the capability to record each
use of the system, including the identity of the individual accessing the system, and the
time of the access to the system, and the information queried. The system was
developed with security in mind. It should be remembered by each participating member
that access to the information within the system should be on a strictly official, need-to-
know basis, and that all information is for official use only.
2. Each party 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.
LEX MOU 9/11/2008 Page 6 of 13
Each party agrees to restrict access to such information to only those of it's (and it's
governmental superior's) officers, employees, detailees, agents, representatives, task
force members, contractors/subcontractors, consultants, or advisors with an official
"need to know" such information. Each party agrees to take appropriate corrective
administrative and/or disciplinary action against any of its personnel who misuse the
LEX system as if it were an abuse of their own sensitive information systems of records.
3. Each party is responsible for training those employees authorized to access
the LEX System regarding the use and dissemination of information obtained from the
system. Specifically, employees should be given a clear understanding of the need to
verify the reliability of the information with the contributing party before using the
information for purposes such as preparing affidavits, or obtaining subpoenas and
warrants, etc. Parties should also fully brief accessing employees about the
proscriptions for using third party information as described in Section H, paragraphs 4-
11,above.
J. PROPERTY.
1. The equipment purchased for this project will remain the property of the entity
that purchased it unless assets are transferred to the LEX Organization. After expiration
of any warranties, the LEX Board of Directors will determine the responsibility for the
maintenance of the equipment.
2. Ownership of all property purchased by parties will remain the property of the
purchasing party. Each party accessing LEX from the party's facility shall provide its
own computer stations for its designated employees to have use anct access to LEX.
The accessing party is responsible for configuring its computers to conform to the
access requirements. Maintenance of the equipment purchased by the accessing party
shall be the responsibility of that party.
K. COSTS.
1. Unless otherwise provided herein or in a supplementary writing, each party
shall bear its own costs in relation to this MOU. Even where a party has agreed (or later
does agree) to assume a particular financial responsibility, the party's express written
approval must be obtained before the incurring by another party of each expense
associated with the responsibility. All obligations of and expenditures by the parties will
be subject to their respective budgetary and fiscal processes and subject to availability
of funds pursuant to all laws, regulations, and policies applicable thereto. The parties
acknowledge that there is no intimation, promise, or guarantee that funds will be
available in future years.
L. LIABILITY.
1. The LEX is not a separate legal entity capable of maintaining an employer-
employee relationship and, as such, all personnel assigned by a party to perform LEX
LEX MOU 9/11/2008 Page 7 of 13
related functions shall not be considered employees of the LEX System or of any other
party for any purpose. The assigning party 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 LEX functions.
2. 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.
M. GOVERNANCE.
1. The parties recognize that the success of this project requires close
cooperation on the part of all parties. To this end, the LEX system will be operated
under a shared management concept in which the parties will be involved in formulating
operating policies and procedures. The Project Board of Directors will consist of the
head (or authorized designee) of each participating law enforcement agency. The
parties agree to comply with all future policies and procedures developed by this Board
of Directors.
2. Each member of the Board of Directors shall have an equal vote and voice on
all board decisions. Unless otherwise provided, Roberts Revised Rules of Order shall
govern all procedural matters relating to the business of the Board of Directors.
3. A chairperson shall be elected by its members, together with such other
officers as a majority of the Board may determine. The chairperson, or any board
member, may call sessions as necessary. For a meeting to occur a minimum of 51 % of
the membership must be present and a simple majority of those present shall be
required for passage of any policy matters. A tie vote does not pass the matter. In
urgent situations, the presiding officer may conduct a telephone, teleconference,
webinar or email poll of Board members to resolve any issues. The Board of Directors
may also establish any needed committees such as technical, user, oversight, and
legal.
4. Disagreements wholly among and between LEX members arising under or
relating to this MOU shall be resolved only via consultation at the lowest practicable
level by and between the affected parties and their sponsoring agencies (or as
otherwise may be provided under any separate governance procedures) and will not be
referred to any court, or to any other person or entity for settlement. All unresolved
matters will go before the Board of Directors.
5. The Board of Directors may establish additional procedures and rules for the
governance of the LEX system and in furtherance thereof may enter into one or more
separate formal or informal agreements, provided that any such agreement does not
conflict with the spirit, intent, or provisions of this MOU, and is sufficiently memorialized
LEX MOU 9/11/2008 Page 8 of 13
to meet the business purposes of the Board of Directors (including adequately informing
current and future parties). Such governance agreement(s) may, for instance address:
organizational structure and control; executive management and administration;
delegation of authority; operating policies, procedures, rules, and practices; meetings,
quorums, and voting procedures; audits; and .sanctions (including involuntary
termination of a party's participation in this MOU).
N. DISCLOSURE OF THIRD PARTY INFORMATION.
1. When addressing any request for the disclosure of third agency information
where that information was obtained as a result of a query(s) made through the LEX
system, the participating agencies shall comply with the following policy:
(a) In all cases, for providers of any third agency information held in
another LEX MOU signatory's files, the provider retains proprietary ownership of
the information other than as provided by specific law.
(b) As agreed by all parties and established in Sections G, H and I of the
LEX MOU and herein, information acquired through the LEX System by all
parties, shall be considered sensitive law enforcement information, the non-
disclosure of which is essential to law enforcement or the protection of on-going
investigations and persons rights to privacy. Therefore, in all cases the agency
with proprietary interest will be immediately notified of a request for sharing or
disclosure of that information from any agencies or parties outside of participating
agencies in the LEX system.
(c) All parties agree to assist and cooperate with any signatories in
protecting information from harmful disclosure to the fullest extent of the law.
(d) It is not the intention of this agreement to circumvent or obstruct
existing open government and/or public information disclosure laws. Rather it is
intended to ensure the protection of sensitive law enforcement information,
information that has been designated as part of an active and ongoing
investigative effort by any party, and other information as protected by applicable
Federal and State privacy laws.
O. NO RIGHTS IN NON-PARTIES.
1. This MOU is an agreement among the parties and is not intended, and should
not be construed, to create or confer on any other person or entity any right or benefit,
substantive or procedural, enforceable at law or otherwise against any State, county,
locality, or other sponsor under whose auspices a party is participating in the LEX or the
officers, directors, employees, detailees, agents, representatives, contractors,
subcontractors, consultants, advisors, successors, assigns or other agencies thereof.
LEX MOU 9/11/2008 Page 9 of 13
P. EFFECTIO/E DATE/DURATION/MODIFICATION/TERMINATION.
1. As among the original parties, this MOU shall become effective when the duly
authorized representatives of each party have all signed it. For parties who
subsequently join, this MOU shall become effective when completed and signed by the
joining party's duly authorized representative and countersigned by the representatives
of all the other parties applicable at the time of the joining.
2. This MOU shall continue in force indefinitely for so long as it continues to
advance the participants' mission purposes, contingent upon approval and availability of
necessary funding.
3. This MOU may be modified upon the mutual written consent of the duly
authorized representatives of all parties. However, the parties 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 LEX governance (including
adequately informing current and future parties).
4. This MOU may be terminated at any time by the mutual written agreement of
the duly authorized representatives of all parties. A party's duly authorized
representative may also terminate the party's participation in the MOU upon written
notice to all other parties of not less than sixty 60 days. A party's participation may also
be terminated involuntarily as may be provided in applicable governance agreement. If
a party's duly authorized representative severs employment with their parent agency a
new MOU must be signed by the agency's new representative within 90 days for that
agencies continued participation in LEX.
5. Upon termination of this MOU, all property being used under its purview will
be returned to the respective supplying party. Similarly, if an individual party's
participation in this MOU is terminated, the party will return any property to supplying
parties, and the remaining parties will return any property supplied by the withdrawing
party.
6. All information contributed to the LEX by a terminating party will be deleted
from LEX.
7. As to information obtained through. the LEX system during a party's
participation under this MOU, the rights, obligations, responsibilities, limitations, and
other understandings with respect to the disclosure and use of such information shall
survive any termination. This applies both as to a terminating party's information, and to
the other parties' disclosure and use of a terminating party's information.
LEX MOU 9/11/2008 Page 10 of 13
Q. APPENDICES.
A. Form for new agencies to join MOU (and copies of executed forms for each new agency
which has so joined)
IN WITNESS WHEREOF, -the parties have executed this MOU by the signatures of the duly
authorized representative of each participating agency on an individual page attached hereto
and incorporated herein as part of this MOU.
Signatory Page
PALM BEACH COUNTY INFORMATION SHARING INITIATIVE
LAW ENFORCEMENT EXCHANGE (LEX)
MEMORANDUM OF UNDERSTANDING
rT
Signature: /3~- Date: /'~ i ~ ~
Name: Michael R. Couzzo Jr.
For The
Title: Village Manager
ATTEST: VILLAGE OF TEQUESTA
1~ CYl ~,t,J.f.u.~c~-
Lori McWilliams, CMC
Village Clerk
[VILLAGE S
_ OF T
SE m:
lN~4RPpA ~ a
Michael Couzzo
Village Manager
APPROVED AS TO FORM AND LEGAL
SUFFI~CIEN~CY
~e~ Esq.
`age ~torney
LEX MOU 9/11/2008 Page 11 of 13
APPENDIX A -PALM BEACH COUNTY INFORMATION SHARING INITIATIVE
LAW ENFORCEMENT EXCHANGE (LEX)
MEMORANDUM OF UNDERSTANDING
PURPOSE. This document effects the joining by the
in the MEMORANDUM OF UNDERSTANDING AMONG THE PARTICIPATING
AGENCIES FOR AN INFORMATION. SHARING INITIATIVE KNOWN AS THE PALM
BEACH COUNTY LAW ENFORCEMENT EXCHANGE (LEX).
AUTHORITY. Authority for the Joining Party to enter into this MOU includes:
AGREEMENT. The Joining Party agrees to abide by all provisions and assume all
obligations and responsibilities of the MOU, including any formal changes and any
administrative, technical, and operational resolutions in effect at the time of execution
(as to which the Joining Party acknowledges being provided copies or other adequate
notice). In return, the Joining Party shalt also be considered a party and shall have the
same rights and privileges as the original parties.
POINT OF CONTACT. The Joining Party's POC is:
Name and Title:
Office Phone:
Address:
Email/Other:
Cell:
Fax:
COSTS. Unless otherwise agreed in writing, the Joining Party shall bear its own costs
in relation to the MOU.
EFFECTIVE DATE/DURATION/TERMINATION. This document shall take effect when
completed and signed by the Joining Party's duly authorized representative and
countersigned by the representatives of the LEX Board of Directors authorized to do so
under the LEX governance procedures applicable at the time of joining. Thereafter,
duration and termination of the Joining Party's participation in the MOU shall be as
provided in the MOU.
LEX MOU
9111 /2008
Page 12 of 13
FOR THE JOINING PARTY:
Signature:
Name
Title and Agency:
t i~ ~ ~°~
FOR THE PALM H COUNTY LAW ENFORCEMENT EXCHANGE (LEX):
Signat Date: 1 (~ a
Name: nk Kitzerow
Title and Agency: Chief of Police, Jupiter Florida
hairperson, LEX Board of Directors
C
Signature: ~~ `~~ Date: ~ ~> ~ ~
Name: Dan Alexander
Title and Agency: Chief of Police, Boca Raton Florida
Secretary, LEX Board of Directors
LEX MOU 9/11/2008 Page 13 of 13
APPENDIX A T® LEX ®PERAYI®NAL RULES
Palm Eeach County L.aw Enforcement Project's
LEX User Rules and Agreement
THE PALM BEACH COUNTY LAW ENFORCEMENT EXCHANGE
(LEX)
. USER RULES AND AGREEMENT
The LEX system contains derivatives of documented criminal justice,
law enforcement and investigative information contributed by its
participating agencies. This data must be protected to ensure
compliance with federal and state laws pertaining to the privacy, use
and dissemination of law enforcement data. The LEX Board of Directors
has adopted the following user rules.
USER RULES
Authorized Use: The LEX system and information shall only be utilized
for official law enforcement purposes, counterterrorism, public safety,
and/or national security purpose.
Passwords
Each authorized user will have an individually assigned password in
order to utilize the LEX system. The user must protect the password
from disclosure. The user shall not record the password in such a
manner as to provide an opportunity for discovery by another or
disclose the assigned password to anyone else, nor shall a user sign-on
with the password assigned to another or allow the use of his or her
LEX system password by another person.
LEX Data and Probable Cause
A LEX "hit" alone does not constitute probable cause. A law
enforcement officer is responsible for obtaining "hit" confirmation from
the originating agency before taking any of the following actions on the
"hit": (1) arresting a wanted person, (2) returning a missing person, (3)
seizing stolen property, (4) charging the subject with a protection order
violation, (5) applying for warrants, or (6) any other activity that would
likely lead to testimony. A "hit" is one fact that must be added to other
facts by the officer in arriving at sufficient legal grounds for probable
cause. In some circumstances, a "hit" confirmed with the originating
agency may be the major fact, or only fact, necessary for an officer to
take action.
Copies of Law Enforcement Reports
The LEX system does not provide the technical capability for an
authorized user to print or download a copy of a report.
If the information contained in the LEX System is desired for use in
documenting probable cause or for any other legal action, the user
9/11!2008 Page 1 of 3
must verify the contents with the contributing agency and subsequently
obtain a copy of the information from the official record of the originating
agency. In some cases, the originating agency may have additional
reports andlor data that are not contained in the LEX system that may
be beneficial to the user in conducting an investigation or establishing
probable cause for a warrant.
Analytical Products
Analytical products generated from the LEX system may be retained by
the agency generating the report for official use only but shall not be
distributed outside of that agency without obtaining the express
approval of each agency that owns a portion of the data contained
therein.
Queries for Non-Participating Law Enforcement Agencies
Direct or indirect access by or for a person that is not employed and
approved by a participating agency, or on behalf of an agency that is
not a participating agency, is not permitted without express approval of
the Board of Directors. The Board of Directors has authorized an
exception to the rule when a member(s) of anon-participating law
enforcement agency makes a request for a legitimate law enforcement
purpose. In that circumstance, an authorized user may conduct the
query and provide the results verbally to the non-LEX participating
agency member but must also inform the requester to contact the
originating agency for confirmation or copies of the information. Under
no circumstances shall a user provide a non-participant agency
member with a copy of a report obtained from the LEX system. The
non-participating law enforcement agency member should be informed
that if a copy of a report or information is needed, that he or she must
obtain that copy directly from the originating agency, which has the
authority to release the report or information. Nothing in this section
prohibits a participating agency from providing a non-participating
agency a copy of its own data outside the parameters of the LEX
system as permitted by law.
9/11/2008 Page 2 of 3
I, of the ,hereby
(User Name) (Agency Name)
acknowledge that I have read, understand and agree to comply with the LEX User
rules. I also understand that the LEX system and equipment are subject to monitoring
to ensure proper functioning and to protect against improper or unauthorized use,
access or dissemination of information. Unauthorized request, use, dissemination or
receipt of LEX information could result in civil or criminal proceedings being brought
against the agencies and/or individuals involved. Violations of these rules may also
subject the user to possible disciplinary action and LEX access termination.
Use of the LEX system constitutes my consent to monitoring all of my username and
account activity of the system.
(Print Name)
(Signature)
9/11 /2008
(Date)
(Witness Signature)
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r"Id-Im Beach County's
Law Enforcement Exchange (LEX)
Operational Rules
Version 2.1
TABLE OF CONTENTS
SECTION I - PALM BEACH COUNTY'S LAW ENFORCEMENT PROJECT'S
LEX SYSTEM
1 DEFINITION
1.0 PROJECT DESCRIPTION
1.1 USE OF LEX DATA AND PROBABLE CAUSE
1.2 RESPONSIBILITY FOR RECORDS
1 . 3 POLICY
1.4 SECURITY
1.5 TIMELY DATA ENTRY
SECTION 2 - LEX ACCESS
2.1 BACKGROUND SCREENING FOR ACCESS
2.2 LEVELS OF ACCESS
2.3 ACCESS DETERMINATION
2.4 PASSWORDS FOR LEX ACCESS
SECTION 3 - AUDITS AND COMPLIANCE
3.1 AUDITS
APPENDIX A - THE LEX USER RULES AND AGREEMENT
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` SECTI®N 1 Taff Pi4LIVl BE~4Ck C®(INTY'S L.4Vl/ ENFORCEMENT EXCHi4NGE (LEX)
SYSTEIl~
1.0 DEFINITION The Palm Beach County's Law Enforcement eXchange (LEX) initiative
aims to enhance the flow of law enforcement information among state and local
authorities, initially, in the Palm Beach County area with a focus on detecting and
neutralizing criminal and terrorist activity. This effort integrates law enforcement data
previously contained only in each individual agency's records management systems
(RMS) and provides advanced query capabilities which can be applied across all the
law enforcement data. This data includes law enforcement information relating to
activities, locations, crimes, suspects, vehicles, arrests, warrants, and booking
photographs, etc. As new data is entered into a participating agency's RMS, this data
will become available to the LEX system thus providing near-real time access to law
enforcement/criminal justice reporting from each of the other participating jurisdictions.
The LEX system will assist in supporting officer safety, criminal and terrorism
investigations, and the development of crime prevention and enforcement strategies.
The LEX system provides derivative information 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. Rather, this electronic system is
merely an application to facilitate the speedy sharing and querying of information that
may be contributed from already existing files/RMS' of the agencies. The data will be
available to serve both as a tactical and analytical tool for law enforcement officers,
investigators, analysts, and agency executive decision makers. The use of LEX data
from existing non-intelligence sources will save countless investigative hours and
significantly improve the opportunity for the successful conclusion of investigations.
1.1 PROJECT DESCRIPTION
The LEX system has been designed to allow authorized users access to the cumulative
knowledge of area law enforcement agencies in a systematic and ongoing manner to
enhance the collective ability of the participating agencies to enforce the law, investigate
crime, detect and prevent terrorism, and to assist law enforcement leadership in the
development of enforcement and prevention strategies, both individual and
collaborative. The LEX system has been built from commercially available technologies,
with appropriate security filters and privacy protection tools, which will enable the
access, collection and analysis of state, and local information. Law
enforcement/criminal justice records are accessed by the LEX system from an
originating agency's records management system (RMS). This is accomplished based
on the technical capabilities of the agency, and may include direct dynamic data
exposure from the RMS of the originating agencies or through an intermediate "front
porch." Direct dynamic data access is conducted in a controlled fashion through the
network connecting the LEX system to the data from the RMS of participating agencies.
Access of data by the LEX system is "tagged" to identify the originating agency for those
records and the individual making the query. Once data is retrieved by the LEX system,
it cannot be altered, deleted, or changed in any fashion by any agency other than the
originating agency.
1.2 USE OF LEX DATA AND PROBABLE CAUSE
1. The existence of LEX information alone does not constitute probable cause for an
arrest, search, seizure, or any activity that could directly result in providing sworn
testimony in any court but it is does indicate that data, a report, or other information
exists in an RMS of an identified participating agency.
2. If any inquiring participating agency desires or intends to take any law enforcement
or legal action (such as making an arrest, detaining a person, executing a search,
returning a missing person, seizing stolen property, applying for a warrant, charging a
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person for a protection order violation, etc.) as a result of information obtained from the
LEX system, the inquiring agency must contact, by any available means, the
participating agency that originally provided the data to the LEX system and receive
confirmation that the data is accurate and up-to-date before taking the intended
action. Only original documents from the originating agency may be used to
support any legal action(s) based on inquiries executed in the LEX system.
3. LEX information is one facet of the action-decision process, which must be added to
other facts by the law enforcement officer in arriving at sufficient legal grounds for
establishing probable cause. For instance, information contained in LEX that is
subsequently confirmed with the originating agency may be the major fact, or only fact,
necessary for the officer to take action. As an example, when a positive response on a
stolen vehicle or other stolen property is received in a time frame very close to the time
of the theft, or when the response indicates that a car was recently used in a bank
robbery or is in the possession of fugitives, the officer may decide to make an arrest
after confirming the "information" with the originating agency. As the time period
increases, the significance of the "positive response "decreases. For example, stolen
vehicle "information" received two years after the car was reported stolen would in itself
be inadequate probable cause to arrest since it is possible, even probable, that the
vehicle is being driven by an innocent buyer at that point, rather than by the thief. To
make an arrest, the officer must have supporting facts that add up to probable cause.
4. If a document viewed in the LEX inquiry is needed to support legal action, a copy of
the original document must be obtained directly from the originating agency. A printed
copy of document from LEX is never to be utilized as original documentation to support
legal action. In some cases, the originating agency may have additional reports and/or
data that are not contained in the LEX system which may be beneficial to the user in
conducting an investigation or establishing probable cause for a warrant.
5. Records, such as the Violent Gang, Terrorist Organization, Convicted Persons on
Supervised Release, Convicted Sexual Offender Registry, Protection Orders, and
other officer safety alerts that may be included in the future within the LEX system do
not require immediate confirmation and are designed to provide law enforcement
officers with adequate warning regarding individuals who have had involvement in
violent criminal activities or are known to represent potential or immediate danger to
the officer and the general public.
6. User agencies and individual users are responsible for compliance with respect to
use and further dissemination of such information and the purging and updating of the
data.
'1.3 RESPONSIBILITY FOR RECORDS
1. Since the LEX system consists of derivative information from existing records
management systems, records must be kept accurate and up-to-date. Each agency
that contributes data to the LEX system is solely responsible for the accuracy,
timeliness, and completeness of that agency's data.
2. Stringent administrative procedures and controls to ensure that accurate data are
entered in computerized criminal justice information systems are critically important.
Combining stringent administrative controls with proper evaluation by the individual
receiving the query response can prevent lost court cases, civil liability suits, false
arrests, and civil or criminal charges against the authorized user. Each agency will
notify the contributing agency and the Board of Directors of any challenge to the
accuracy of a contributing agency's information.
3. Participating agencies will make every effort to ensure system availability and when
known downtime is scheduled, notification will be provided to the LEX Administrator.
All agencies will continually enhance the accuracy and timeliness of the data being
accessed in the system.
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4. Agencies will communicate and coordinate with the LEX Administrator when new
software versions are scheduled or changes are being made to their technical
environment that would affect access via the LEX application. If existing software is
being replaced with new software, procurement documents should include verbiage to
ensure that the new vendor will provide support for interfacing to the LEX system, at
the cost of the agency, through apre-constructed API (Application Programming
Interface), and/or software and data documentation and technical support.
5. Each participating agency in the LEX system will be responsible to ensure integrity of
its own data through timely:
1. Modifications (adds, cancellations, deletes, changes)
as needed;
2. Purges of records maintained for a period of time, as
prescribed by each jurisdiction's courts, laws and
ordinances or policies;
3. 3. Quality control checks; and
4. 4. Audits and validation of user's access to records.
All modifications, changes, edits, and purges to a participating agency's data can only
be accomplished by the originating agency.
1.4 POLICY
1. The Palm Beach County LEX Board of Djrectors has established system-wide policy
with respect to the philosophy, concept, and operational principles for LEX. In its
deliberations, the Board of Directors places particular emphasis on the continued
compatibility of the LEX system; network security; and rules, regulations, and
procedures to maintain the integrity of the LEX system and the data shared over the
system.
2. The Palm Beach County LEX Board of Directors is composed of the head or
designee of each law enforcement agency directly participating in LEX. The Board
operates as a democratic body with an established Memorandum of Understanding.
Each participating agency providing data has one vote, with all votes being of equal
stature. Any law enforcement agency desiring to join the Palm Beach County LEX
Board of Directors must apply for membership, be approved, and agree to comply with
the Memorandum of Understanding and any rules, procedures or policies developed by
the Board of Directors.
3. The Board has the authority to establish user groups consisting of operational and
technical experts from the participating departments within the region. It is the
responsibility of the user groups to recommend policy, rules, procedures and changes
for LEX in order to enhance its operability and ensure access by all its participants.
1.5 SECURITY
1. If no state/county/municipal law, ordinance, or policy prohibition exists towards the
dissemination of information to other law enforcement agencies, then each
participating law enforcement agency may, at its own discretion, authorize its
exchange via the LEX system. Each participating agency maintains control of its own
information and may withdraw its membership and information in accordance with the
Memorandum of Understanding.
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2. Each agency participating in the Palm Beach County LEX Board of Directors must
assume responsibility for and enforce security with regard to all of its users within their
agency.
3. LEX uses hardware and software controls to help ensure security. However, final
responsibility for the maintenance of the security and confidentiality of law
enforcement information within LEX rests with each individual agency, and their users,
participating in LEX.
4. All participating agencies in LEX are required to adhere to the security guidelines
contained herein and any future rules that may be developed by the Board of Directors,
Florida Statutes 119, and in some parts of the Department of Justice Regulations
governing the dissemination of criminal records and criminal history information, as
published m the Federal Register on May 20, 1975, and August 7, 1976 (Title 28, Code
of Federal Regulations, Part 20).
5. Data contributed to LEX is documented criminal justice, law enforcement, and
investigative information and must be protected in a manner to ensure legal and
efficient dissemination and use. It is incumbent upon any agency utilizing or having
access to the LEX system to implement the necessary procedures to make sure that
access is secure from any unauthorized use. Any departure from this responsibility may
result in sanctions as determined by the Board of Directors that may include the
removal of the offending individual or agency from further access to LEX.
6. The information contained in LEX shall only be utilized for official law enforcement,
counterterrorism; public safety, and/or national security purposes.
7. Any agency allowing a person access to LEX must insure that person being granted
access to the system is authorized to receive the law enforcement data contained
therein according to policy and applicable law. The LEX system shall only be used by
authorized participating law enforcement agencies that have been approved by the
LEX Board of Directors. Authorized users can obtain information both directly and
indirectly: (1) by direct access through existing terminals to the network or, (2) the
dissemination of law enforcement information internally within the participating agency
that has authorized access to the system.
8. Indirect access or non-network terminal access outside of an agency with direct
access to the LEX is not permitted without express written permission of both the
originating agency for the law enforcement data and the Board of Directors governing
the dissemination of the data contained within the LEX system to nonparticipating
agencies.
9. When an operational inquiry on an individual or property yields a valid positive
response, any produced printout of the response obtained from the LEX may only be
retained temporarily in that agency's files. It will not be used in directly documenting
probable cause. The report is not an investigative report. If the information contained in
the printout is intended for use in establishing probable cause, the user must obtain
confirmation of the information from the originating agency and obtain an official copy
of the information directly from the originating agency.
10. When an authorized user from a participating agency conducts a LEX query on
behalf of another user from the same agency and the query results in providing a
printout of the positive information, the person conducting the query must complete the
electronic log detailing dissemination.
11. Any printouts of responses to inquiries from the LEX system must be destroyed
(shredded, burned or deleted) after serving the official temporary purpose for which it
was obtained. If a copy is permanently needed, a copy of the original report must be
obtained directly from the originating agency that maintains the official record and the
printout from LEX must be destroyed.
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12. Indirect access by a person or agency that is not a participating agency shall not be
permitted without express approval of the Board of Directors. The Board of Directors
has authorized an exception to the rule when a member(s) of anon-participating law
enforcement agency makes a request for a legitimate law enforcement purpose. If the
Board of Directors approves the circumstance, an authorized user may conduct the
query and verbally provide the results to the non-LEX participating agency member but
must also inform the requester to contact the originating agency for confirmation of the
information. Under no circumstances should a member of anon-participating agency
be provided with a copy of a report obtained directly from the LEX system. If a copy is
requested, the non-participating law enforcement agency member must be informed to
request a copy of the report directly from the originating agency. Nothing in this section
prohibits a participating agency from providing anon-participating agency a copy of its
own data outside the parameters of the LEX system as permitted by law.
13. Unauthorized requests, use, dissemination or receipt of LEX information could
result in civil or criminal proceedings being brought against the agencies and/or
individuals involved.
SECTION 2 LEX ACCESS
2.1 BACKGROUND SCREENING FOR ACCESS
1. Any agency allowing access to LEX must insure that the person being granted
access to the system is authorized to receive, and has a need to know, the law
enforcement data contained therein. Thorough background screening by the employing
agency of the personnel being granted access to LEX is required. Prior to a
participating agency granting access to an employee, fingerprinting and a background
check must be completed. Additionally, an employee must be FCIC Certified and have
a DAVID certificate. If a record of any kind is found, access will not be granted until a
thorough review of the matter by the agency head or designee. If a determination is
made that LEX access by the applicant would not be in the public interest, the access
will be denied.
2. Persons who have a felony conviction or are wanted in any location will not be
permitted access to the system.
3. Any person under the age of 18 will not be permitted access to LEX.
4. If an authorized user becomes the subject of a criminal investigation, the user's
access will be suspended by the participating agency until the issue is resolved and the
agency head or designee has determined that person's access may be reinstated.
2.2 TYPES OF ACCESS
1. Type 1: Tactical Access: Level 1 access provides all participating agency users with
the ability to conduct a tactical query of persons, property vehicle and incidents etc. The
results provide all participants with the ability to have time sensitive access to
information, beyond basic wants or warrants, to include past documented involvement
in an incident investigated by a participating agency. This access level also serves as a
pointer, informing the user as to the identity of a participating agency who may possess
additional information.
2. Type 2: User Administrator Access: There are two additional levels of access for
non-operational personnel: user administrators and system administrators. Each
agency will have one or more persons identified and designated as their user
administrator and system administrator. Type 2: User Administrators may or may not
have access to the actual law enforcement data depending on their certification. They
are responsible for:
- Adding and deleting users in the system.
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- Ensuring users have proper authentification (i.e., FCIC Certification and DAVID
Certificate)
Ensuring users sign User Agreement and understand access, use and dissemination
policies.
3. Type 3: System Administrator Access: System administrators will have all
administrative rights along with access to law enforcement data as required for system
support and troubleshooting. System administrators must be fingerprinted, background
checked and FCIC Certified.
2.3 ACCESS DETERMINATION
1. Persons associated with and authorized by a participating agency that have been
screened for access as defined in paragraph 2.1 are the only persons who will be
considered for access to the LEX system. The LEX Board of Directors has granted the
authority for the head of each participating agency to establish agency specific
procedures to determine which screened persons associated with their agency will be
granted access and the level of access to be granted.
2. When a decision is made to grant access, the participating agency shall ensure the
person is trained in the use of the system and the rules of operation. Prior to use of
the system, the user must read, understand, and sign a copy of the LEX User Rules
and Agreement (Appendix A). Each participating agency will retain a file of the signed
copies for each member of their agency who is granted access to LEX.
2.4 PASSWORDS FOR LEX ACCESS
1. Each approved user will obtain a unique, individual password from the participating
agency's system administrator.
2. A user shall not provide or otherwise make available the assigned password for use
by anyone else to access the LEX system nor shall a user sign-on with the assigned
password to allow for the use of the LEX system by another person. Violations of this
policy are subject to disciplinary action as determined by the Board of Directors and
could result in LEX access termination and disciplinary action.
SECTION 3 AUDITS AND COMPLIANCE
3.1 AUDITS.
The LEX system has an audit capability that togs user actions, including logins and
queries executed. Each participating agency will designate an administrative point of
contact (Security Administrator) that shall have remote access to the audit logs to
enable the agency to conduct audits of its users. The Board of Directors shall
establish policies and procedures to periodically conduct system-wide compliance
audits to verify adherence to law, policy and regulations. These audit lobs shall be
maintained for a period not to exceed that of the applicable laws, ordinances or
agency policies that govern retention of information within the jurisdiction.
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