Resolution No. 4553
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RESOLUTION NO. 4553
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON RATIFYING AND APPROVING THE CONTRACT
WITH THE COUNTY OF LOS ANGELES, THE SUBSCRIBERS
AGREEMENT AND THE AGREEMENT BETWEEN THE CHIEF
OF POLICE AND THE CITY CLERK FINANCE DIRECTOR
PERTAINING TO THE USE OF CALIFOro~IA LAW ENFORCE-
MENT TELECOMMUNICATIONS EQUIPMENT
WHEREAS, the City Council of the City of Vernon on
7 April 19, 1977 authorized the execution of an Agreement between
8 the City of Vernon and the County of Los Angeles whereby the
9 Vernon Police Department was authorized to participate in the
10 Los Angeles County Sheriff's Justice Data Interface Controller
11 Systemj and
12 WHEREAS, Spencer E. Hogan, Chief of Police for the
13 City of Vernon, executed on behalf of the City on June 29, 1977
14 a California Law Enforcement Telecommunication System Subscriber
15 Agreementj and
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WHEREAS, the City of Vernon has not established a civil
service system and continues to retain final approval on all
18 matters affecting personnel including discipline, hiring, and
19 terminationj and
20 WHEREAS, the City Council of the City of Vernon during
21 a regularly scheduled meeting held on September 6 , 1977 deter-
22 mined to establish a civilian communication system and established
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that the Vernon Police Department would have functional control
over said systemj and
WHEREAS, the l1unicipal Employees Relation Representative
the City Clerk and the City Attorney of the City of Vernon met
and conferred with representatives of the Vernon Police Officer's
Benefit Association concerning the operation of the civilian
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1 communication center and informed said representative that the
2 City Council's policies provided that the Police Department would
3 have functional control over the equipment and personnel, and
4 that said department would have the immediate capability to take
5 over the communication function and terminate the assignment of
6 any personnel operating said equipmenti and
7 WHEREAS, by letter dated February 9, 1978, Walter P.
8 Mendoza, Executive Secretary of the Advisory Committee of the
9 California Law Enforcement Telecommunication System, has requested
10 that the City of Vernon review its policy and initiate appropriate
11 action to insure compliance with California Law Enforcement
12 Telecommunication System policYi and
13 WHEREAS, prior to January 1, 1978, the Advisory
14 Committee of the California Law Enforcement Telecommunication
15 System required as its standard policy that the law enforcement
16 agency have the power to set standards for selection, supervision,
17 and termination of personneli and
18 WHEREAS, effective January 1, 1978, the Advisory
19 Committee of the California Law Enforcement Telecommunication
20 System had modified its policy to provide that the law enforce-
21 ment agency shall have authority to set standards for selection,
22 supervision, and termination of assignmenti and
23 WHEREAS, the modified criteria of the Advisory
24 Committee of the California Law Enforcement Telecommunication
25 System is compatible with the personnel policies of the City of
26 Vernoni
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
28 THE CITY dF VERNON AS FOLLOWS:
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1 SECTION 1: That the City Council of the City of Vernon
2 hereby finds and determines that the recitals contained herein-
3 above are true and correct.
4 SECTION 2: That the City Council of the City of
5 Vernon hereby finds and determines that the Agreement (attached
6 hereto as Exhibit "A") between the City of Vernon and the County
7 of Los Angeles which provides for the Vernon Police Department to
8 participate in the Los Angeles County Sheriff's Justice Data
9 Interface Controller System and which was previously approved
10 on April 19, 1977 is hereby ratified and approved as being con-
11 sistent with the legislative policies and procedures of the
12 City of Vernon.
13 SECTION 3: That the City Council of the City of
14 Vernon does hereby find and determine that the California Law
15 Enforcement Telecommunication System Subs<rriber Agreement
16 (attached hereto as Exhibit "B") executed by Spencer E. Hogan,
17 Chief of Police for the City of Vernon, on June 29, 1977 is
18 hereby found and determined to be consistent with the legislative
19 policies and procedures of the City of Vernon and hereby ratifies
20 and approves the execution of said Subscriber Agreement.
21 SECTION 4: That the City Council of .the City of
22 Vernon hereby finds and determines that the proposed agreement
23 (attached hereto as Exhibit "C") pertaining to the civilian
24 operation of the City of Vernon's communications department be
25 approved as being consistent with the legislative policies and
26 procedures of the City of Vernon, and that the Chief of Police,
27 Spencer E. Hogan, and the City Clerk Finance Director, Bruce V.
28 Malkenhorst, be authorized to execute said agreement.
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SECTION 5: That the City Council of the City of
2 Vernon hereby finds and determines that the employee statement
3 (attached hereto as Exhibit "D") entitled "Use of Criminal Justice
4 Information" is hereby approved as being consistent with the
5 legislative policies and practices of the City of Vernon, and
6 hereby establishes the policy that all employees employed by the
7 City of Vernon who will have access to confidential criminal
8 record information and who come under the policies and procedures
9 of the Advisory Committee of the California Law Enforcement Tele-
10 communication System are instructed and directed to execute said
11 written statement and that a violation of the terms and conditions
12 of the said statement shall be considered grounds for immediate
13 dismissal and termination.
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SECTION 6: That the Chief of Police and the City Clerk
15 Finance Director are hereby authorized and instructed to prepare
16 a proper operational and procedural manual to be followed in the
17 operation of the civilian dispatch communication's center in
18 order to effectively achieve the purposes of the policy of the
19 City Council and to be consistent with the provisions of this
20 Resolution. Further, said manual incorporating said procedures
21 shall be returned to the City Council for its final approval.
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SECTION 7: The City Clerk of the City of Vernon shall
23 certify to the passage of this Resolution and thereupon and there-
24 after the same shall be in full force and effect.
25 ADOPTED AND APPROVED this 20th day of l-1arch, 1978.
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A.. TTE. ST:. ~../. 1"'f' // ,//
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BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA
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2 COUNTY OF LOS ANGELES
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 4553
, was duly adopted by the City Council
7 of the City of Vernon, and was approved by the Mayor of said
8 City at a regular meeting of the" City Council held on Monday
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March 20
, 1978.
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tWD. t".V(~.l1.2 .J. lounf,er
Attop:',cy Ceneral
Stv.te pf California
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1iepart:;l~nt of .ks tice
P.O. HO).: 1:1307
Sacr,:w"E:nto. CA. 95813
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(;3liforn:i:.~ l.Clw ,Enforcement Telecomnmnic2.tions ~x.~_~em .~ll:;scriber Af;re~r;1ent
In accorca.T1ce with Section 15165 ,of the Goverr..!r:ent Code. it is hereby agreed that
CITY OF VER~~~ POLICE DEPART~ffiNT
(Narn~ of Agency or Organization)
. hereinafter
referred to as Subscriber. as a subscriber to the California
. col1li:tiunications System (CLETS). \\Iill conform to the oper2ting
procedures approved by the CLETS Ad~isoLY Co:n;rrittee.
La~'l EIlforce~ent Tclc.-
policies. practicesi and
It is further agreed by Subscriber that. in order to receive such criDinal history infor-
mation as is available in the FBI/NCIC files and in the California DepartDetit of Justice
files. subscriber agrees to abide by all pTesen t rules, policies. CulG' proc:edu res of the
FBI/NCrC as approved by the HerC Advisory Policy Board as \-iell as any, rules. policies. 2nd
procedures hereinafter ~pproved by the NCIC Advisory Policy Board ai"1d. adopted hy the FBI/J~
It is understood by subscriber' that violation of these rules)- policies)- practices and
procadures approved by the CLETS Advisory Cor:2'i_ Ltee and/or these rules. policies, practice
and p:.ocedures approved by the FBljNCIC Advisory rolicy :3oa:~.-d as \..'el1 as cay rul~;:;, polici-
practices and procedures hereinafter approved by the FBI/l'~CIC Advisory Policy Boal.-d 2nd
adop.ted by the FBljNCIC. may result in suspensic!1 of service or other appropria~:e dis-
ciplLlary actions as determined by the CLETS bdvisory CO~Euttce.
The CLETS Advisory COIrfinittee reserves the, righ t to irn..Inediately suspend furnishing Crirdnal
History data to subscriber \-lhen either the security or dissemination requirements approved
by the CLETS Advisory Co~mittee are violated.
.. Either California Department of Justice or subscribe:. hlay. up,on 30 days notice in \olri ting.
. discontinue service.
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1 AGREEMENT REGARDING SERVICE OF THE CITY OF
VERNON CIVILIAN DISPATCH CENTER FOR AND ON
2 BEHALF OF THE CITY OF VERNON POLICE DEPART~lliNT
3 Pursuant to directions from the Department of Justice,
4 California Law Enforcement Telecommunications System and Part IV
5 of the NCIC Computerized Criminal History Program Background
6 Concept and Policy dated October 20, 197~, it is agreed that the
7 City of Vernon Police Department shall have management control
8 over that portion of the City of Vernon Civilian Dispatch Center,
9 electron~c switches, satellite computers and terminals and other
10 manual terminals interfacing directly or indirectly with the
11 NCIC computer for the interstate exchange of criminal history
12 information, or with the California Law Enforcement Telecommunica-:-
13 tions System for the int~astate exchange of criminal history
14 infor~ation or other information maintained in California files
15 accessible through the California Law Enforcement Telecommunica-
16 tions System.
17 In recognition of the necessity to ,conform with all
18 policies, rules, and procedures of NCIC, and the California Law
19 Enforcement Telecommunications System, it is further agreed that
20 the City of Vernon Police Department shall have the authority to
21 set and enforce (1) prioritiesi (2) standards for selection,
22 supervision, and termination of assignment of personnel; and (3)
23 policy covering the operation of that portion of the equipment
24 and personnel within the City of Vernon used to store, process and
25 transmit criminal history and other record information derived or
26 transmitted via the California Law Enforcement Telecommunications
27 System. This agreement covers the overall supervision of appli-
28 cable equipment, systems design, programming and operating pro-
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1 cedures associated with the development, implementation, and
2 operation of any computerized message switching or data base
3 systems utilized by the served law enforcement agency or ag€ncies.
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SPENCER E. HOGAN, Chief of
Police of the City of Vernon
BRUCE V. t~LKENHORST, City Clerk
Finance Director of the City of
Vernon
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DATE
DATE
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EX;-'UBiT .et -<l
CITY OF VERNON
DISPATCH DEPARTMENT
USE OF CRIMINAL JUSTICE INFORMATION
As an employee of the Division of Law Enforcement,
Department of Justice, you may have access to confidential
criminal record information regarding individuals. Misuse of
such information adversely affects the civil rights of the
individual concerned and violates the law (Section 11105 of
the Penal Code. Government Code Section 19251, and Section 8
of the Department of Justice Incompatibility Code). Section
8 states: "No employee shall divulge confidential information,
data or ,records of the Department of Justice to any person
to whom issuance of such data, information or records has
not been authorized, nor shall any employee divulge or make
use of any records of the Department of Justice for a mailing
list or any other purpose unless the same has been authorized."
Such misuse is a misdemeanor under the California Lawi therefore,
any employee in this Division who is responsible for such mis-
use is subject to immediate dismissal. Violations of this
law may also result in additional legal action.
EXHIBIT j)
I have read the above paragraph and understand the
policy regarding misuse of criminal record information.
APPROVED:
SPENCER E. HOGAN DATE
Chief of Police
City of Vernon
BRUCE V. t1ALKENHORST DATE
City Clerk/Finance Director
City of Vernon
DAVID B. BREARLEY DATE
City'Attorney
City of Vernon
SIGNATURE:
DATE:
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EAHIBIT 1) -A