Loading...
11/16/2021 04.N. Resolution authorizing a Memorandum of Understanding with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regarding the NIBIN Enforcement Support System (NESS) f44 • 11 .( rr 11 i�O enc u nrry 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.N. For Meeting of: November 16, 2021 ITEM TITLE: Resolution authorizing a Memorandum of Understanding with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regarding the NI BI N Enforcement Support System (NESS) SUBMITTED BY: Dustin Soptich, Sergeant Matt Murray, Chief of Police SUMMARY EXPLANATION: The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is extending their on-going commitment to the law enforcement community by providing participating agencies with access to National Integrated Ballistic Information Network(NI B I N) data. The Yakima Police Department will be able to access NI BIN data through the NI BIN Enforcement Support System (NESS). The NESS application allows ATF to collect, analyze, refer, and track NI B I N and other gun crime data.Access will facilitate information sharing and provide near real-time intelligence. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt resolution. ATTACHMENTS: Description Upload Date Type D resolution 11/5/2021 Corer Memo 0 MOU 11/4/2021 Contract 2 RESOLUTION NO. R-2021- A RESOLUTION authorizing a Memorandum of Understanding with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regarding the NIBIN Enforcement Support System (NESS) WHEREAS, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) seeks to provide access to the NIBIN Enforcement Support system to the City of Yakima; and, WHEREAS, the Memorandum of Understanding sets forth the conditions of cooperation between the parties and the obligations of each party; and, WHEREAS, the City Council deems it to be in the best interest of the City to approve the agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City ofYakima is hereby authorized and directed to sign the Memorandum of Understanding regarding the NIBIN Enforcement Support System with the Bureau of Alcohol, Tobacco, Firearms and Explosives, which is hereby incorporated by reference. ADOPTED BY THE CITY COUNCIL this 16'h day of November, 2021. Patricia Byers, Mayor ATTEST: Sonya Clear Tee, City Clerk 3 MEMORANDUM OF UNDERSTANDING REGARDING THE NIBIN ENFORCEMENT SUPPORT SYSTEM (NESS) Memorandum of Understanding between the City of Yakima and the Bureau of Alcohol,Tobacco, Firearms and Explosives Article I. Purpose and Authority The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is extending their on-going commitment to the law enforcement community by providing participating agencies with access to National Integrated Ballistic Information Network (NIBIN) data. The agency will be able to access NIBIN data through the NIBIN Enforcement Support System (NESS) via an Internet con- nection. The NESS application allows ATF to collect, analyze, refer, and track NIBIN and other crime gun data. Access will facilitate information sharing and provide near real-time intelligence to participating agencies. The mission of the program is to reduce firearms violence through ag- gressive identification, investigation, and prosecution of shooters and their sources of crime guns. ATF has made a concerted effort to leverage existing information technology to better assist law enforcement agencies in the investigation of shooters and other armed violent offenders,prohibited persons possessing firearms and sources of crime guns. This Memorandum of Understanding (MOU) establishes and defines a partnership between the parties that will result in ATF NESS installation, operation, and administration for the dissemination of crime gun data to enhance the efforts of law enforcement to integrate resources to reduce firearms violence, identify shooters and sources of crime guns, and refer them for prosecution. This MOU is entered into by the U.S. Department of Justice (DOJ), ATF, and City of Yakima , hereinafter collectively referred to as "the parties," and with City of Yakima referred to as the "NESS Partner Agency." This MOU will refer to individuals employed and authorized for NESS access by the NESS Partner Agency as "Users". This MOU is established pursuant to the authority of the participants to engage in activities related to the investigation and suppression of violent crimes involving firearms. A.TF's authority is de- rived from, among other things, 28 U.S.C. § 599A., 18 U.S.C. § 3051, 27 CFR § 0.130, and, spe- cifically, the Gun Control Act of 1968, 18 U.S.C. Chapter 44 and the National Firearms Act, 26 U.S.C. Chapter 53. The parties enter into this MOU pursuant to 31 U.S.C. § 6305. 4 Article II. Background ATE is a law enforcement organization within DOJ with unique responsibilities dedicated to re- ducing violent crime and protecting the public. ATF recognizes the role that firearms play in vio- lent crimes and pursues an integrated enforcement and regulatory strategy. investigative priorities focus on armed violent offenders and career criminals, armed narcotics traffickers, violent gangs, and domestic and international arms traffickers. Article III. Scope The purpose of this MOU is to establish an interagency agreement governing the access and utili- zation of NESS. In addition, the MOU will designate a primary and alternate point of contact (POC) for the NESS Partner Agency. The agency POC will ensure adherence to the MOU between ATF and NESS Partner Agency Users. These POCs shall also identify individuals from their re- spective agencies who will require system access, periodically validate the list of Users, and to notify an ATF POC immediately if it becomes necessary to revoke or suspend a User's account. Article W. Interagency Communications The Parties agree that a principal POC within each organization shall coordinate all communica- tions and tasks under this MOU. To ensure access is permitted to all NESS Partner Agency data, an Originating Agency Identifier (ORI Code) must be provided for each ORI code used by the NESS Partner Agency. The ATF POC can assist the NESS Partner Agency in determining what ORI Codes are appropriate. The designated POCs shall be as follows: ATF Field Division Name Seattle Field Division,Yakima Field Office Address 1209.Ahtanum Ridge Drive Suite C Union Gap, WA 98903 Designated ATF Designated ATF Primary POC Alternate POC Name: Nicholas Kingston James Butler Title: .A/ .RAC S/A Email Address: nicholas.kingston@atf.gov james.butler@atf.gov Phone#: (281.) 906-1.922 (509) 496-71.1.6 6 locations, associated persons, etc. Partner Agencies that make a commitment to compre- hensive data sharing with ATF will be provided an information platform for developing the best local investigative strategies for their community in the reduction of firearm related crime and violence. e. Share the results of NIBIN leads/hits including arrest and prosecution data with ATF via the NESS application. f. Provide a list of ORI numbers for the NESS Partner Agency(see table above), which will allow NESS to associate Users to the correct NESS Partner Agency NIBIN data. If the NESS Partner Agency needs to add or remove ORI numbers, it shall submit a completed Amendment of Originating Agency Identifier(ORI) Form. 2. Responsibilities of the Bureau of Alcohol,Tobacco, Firearms and Explosives: a. The ATF Field Division shall: 1) Appoint primary and alternate ATF POCs. 2) Coordinate all communications and tasks listed under this MOU and serve as a liaison between the NESS Partner Agency POC and ATF's Firearms Operations Division (FOD). 3) Ensure data sharing processes between ATF and the NESS Partner Agency. b. FOD shall: 1.) Maintain the NESS application and share NIBIN Leads with the NESS Partner Agency. 2) Upon receipt of this signed MOU, provide detailed instructions to the field division POCs on the process of requesting and receiving NESS User access for the NESS Part- ner Agency. 3) Maintain a copy of this MOU along with any associated User agreements. 4) Review all applications for NESS User access in a timely manner and facilitate the provisioning of accounts. 5) Upon receipt of a request for account revocation,FOD will immediately deactivate said User account. 7 Article VI. Conditions Both ATF and the NESS Partner Agency acknowledge their understanding that the NESS appli- cation is "LAW ENFORCEMENT SENSITIVE" and intended "FOR OFFICIAL LAW EN- FORCEMENT USE ONLY." Failure to protect and safeguard such data from loss, misuse, or unauthorized access could adversely affect law enforcement operations, including those areas re- lated to officer safety, as well as, the fair and equitable administration of justice, and the privacy of individuals. The Federal government may monitor and audit usage of this system, and all persons are hereby notified that use of this system constitutes consent to such monitoring and auditing. Unauthorized attempts to upload information and/or change information on NESS are strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act of 1.986 and Title 1.8 U.S.C. §§ 1.001. and 1.030. The parties agree that premature disclosure of NESS data can reasonably be expected to interfere with pending or prospective law enforcement proceedings. It is agreed that the law enforcement sensitive firearms information generated pursuant to this agreement shall not be disclosed to a third party without the consent of both parties of this agreement, subject to State and Federal law. The parties agree to notify all other parties to the MOU prior to the release of any sensitive firearms information to a third party under State or Federal law. The parties acknowledge that NESS shall only be used for law enforcement purposes. The parties agree to define a "crime gun' as "any firearm illegally possessed, used in a crime, or suspected by law enforcement officials of having been used in a crime." The parties agree that it is the public interest to enhance cooperation among Federal, State,Tribal, and local enforcement and public safety agencies with regard to reducing firearms violence, iden- tify shooters, and their sources of crime guns. The NESS Partner Agency acknowledges that ATF and the NESS program will assist Federal, State, Tribal, and local law enforcement and public safety agencies in combatting firearms violence. Article VII.Applicable Laws The applicable statutes, regulations,directives, and procedures of the United States, DOJ, and ATF shall govern this MOU and all documents and actions pursuant to it. Nothing in this MOU will prevail over any Federal law, regulation, or other Federal rule recognized by ATF. This MOU is not a funding document. All specific actions agreed to herein shall be subject to funding and ad- ministrative or legislative approvals. Article VIII. Modifications and Terminations This MOU shall not affect any pre-existing or independent relationships or obligations between the parties. If any provision of this MOU is determined to be invalid or unenforceable,the remain- ing provisions shall remain in force and unaffected to the fullest extent permitted by law and reg- ulation. 8 Amendments to this MOU are effective upon the date of the last signature on the Amendment,by the authorized representative(s) of the Parties. This MOU may be amended or modified only by written agreement. Parties to this MOU may terminate their participation at any time upon written notification of their intent to withdraw to the other Party. Termination of the MOU by either Party will result in the revocation of all NESS accounts established under this agreement. If either Party terminates this MOU,ATF will retain its interest in the electronically stored infor- mation contained in the NESS database. After termination ATF agrees to provide to the NESS Partner Agency continued access to the NI:BI.N data associated with cases originating from the NESS Partner Agency, subject to Federal law and regulations. Article IX. Liability The NESS Partner hereby agrees to assume full and sole liability for any damage, injury, or harm of any sort caused by operation and use of NESS or related to the use and interpretation of the information contained in, processed by, or extracted from any database subject to this agreement and the protocols and procedures of the NESS program to the fullest extent allowed by law. No third party is intended to benefit or otherwise claim any rights whatsoever under this MOU. The rights and obligations set out in the MOU run between the signatories to this MOU only. Article X. User Access Prior to gaining NESS access, each User shall execute a User Agreement and Rules of Behavior, acknowledging that the operations described in this agreement are subject to audit by the ATF;the U.S. Department of Justice; Office of the Inspector General; the General Accounting Office; and other auditors designated by the U.S. Government. Article XI. Costs The use of the NESS system is provided without charge to the NESS Partner Agency.ATF is not responsible for costs associated with the NESS Partner Agency's computer hardware, computer software (other than the NESS application), Internet connection(s), or other communications re- quirements associated with their use of the NESS application. ATF will maintain access to the NESS application furnished to the NESS Partner Agency and shall facilitate repairs to the NESS application in an expeditious manner, subject to availability and funding. However,ATF will not assume maintenance or repairs required as the result of improper use of the NESS application or enhancements to the NESS application, as well as repairs to local computer hardware, computer software,or communications problems.ATF will not fund the costs associated with a NESS Part- ner Agency who chooses to manipulate their internal data structure for data communication and transfer reasons. Article XII. Conclusion It is the intent of the signatories that this MOU ensures coordination, cooperation and the mutual conduct of enforcement and research activities relative to the NESS application. The result of this cooperation and coordination will be the successful prosecution of illegal firearm crimes in State 9 and Federal jurisdictions as well as the development of an accurate picture of violent crime and the inception of new strategies to effectively disrupt the cycle of violence. This MOU is effective upon the date of the last signature by the authorized representative of the parties and shall remain in effect for an unspecified time,wherein the authorized POC maintains that position within the participating agency, unless terminated earlier in writing by either Party. Amendments to this MOU are effective upon the date of the last signature on the Amendment,by the authorized representative of the Parties.This MOU may be amended or modified only by writ- ten agreement. Parties to this MOU may terminate their participation at any time upon written notification of their intent to withdraw to all other Parties in the MOU. Termination of the MOU by either Party will result in the revocation of all NESS accounts established under this agreement. ATF and the NESS Partner hereby agree to abide by the terms and conditions of this MOU, in- cluding any appendices, and all policies of the NESS Program. In witness whereof, the parties have hereby executed this MOU. Signature Date Signature Date (Chief Law Enforcement or Public Safety Official) (ATF - Special Agent in Charge) Robert Harrison Johnathan McPherson Name Name City Manager Special Agent in Charge Title Title City of Yakima Seattle NESS Partner Agency ATF Field Division Signature Date Name Chief, Firearms Operations Division Title