HomeMy WebLinkAbout042020_ca16 Consent Agenda
Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
Philip Morley, County Administrator
FROM: Barbara Carr
Agenda Date: Monday,April 20,2020
RE: WSP Contract#K15579
CASA Fingerprinting
STATEMENT OF ISSUE:
The parties to this Memorandum of Understanding(MOU) are the Washington State Patrol
(WSP) and Jefferson County Juvenile Court CASA (CJA.) This MOU sets forth the policy to
ensure the protection of criminal history between WSP,the CJA and the Federal Bureau of
Investigations (FBI.)
This MOU provides guidance for the creation, viewing, modification, transmission,
dissemination, storage and destruction of criminal history record information. This policy
applies to the CJA and it's contractors with access to non-criminal justice services and
information.
FISCAL IMPACT:
None
RECOMMENDATION:
That the Board approve the agreement and sign 3 originals. A fully executed original will be
returned to the BOCC office upon final execution by WSP.
;//6 /2,92_e7
'moi ip Morley. Cou'ty Administrator Date
i 1
WSP Contract No.K15579
MEMORANDUM OF UNDERSTANDING
Between the
WASHINGTON STATE PATROL
and the
JEFFERSON COUNTY JUVENILE COURT CASA
PURPOSE
The parties to this Memorandum of Understanding (MOU) are the Washington State Patrol,
Identification and Criminal History Section (WSP) and the Jefferson County Juvenile Court CASA
hereinafter referred to as CJA, a criminal justice agency that performs a non-criminal justice function
for licensing and employment purposes. This MOU sets forth the policy to ensure the protection of
criminal history record information (CHRI) between the WSP, the CJA, and the Federal Bureau of
Investigation (FBI). This MOU provides guidance for the creation, viewing, modification,
transmission, dissemination, storage, and destruction of CHRI data. This policy applies to the CJA
and its contractors with access to, or who operate in support of, non-criminal justice services and
information.
II. ADMINISTRATIVE RESPONSIBILITIES
As participants in this MOU, the parties will develop mutually and separately appropriate procedures
for transmission,dissemination,storage, and destruction of CHRI data.
A. The Washington State Patrol shall ensure the CJA complies with the Criminal Justice Information
Services (CJIS) Security Policy (Section X) which includes authorized use of CHRI,
dissemination of CHRI, statute authorization for civil applicant background checks conducted by
noncriminal justice agencies, applicant notification and record challenge, security of CHRI,
storage of CHRI, outsourcing of noncriminal justice administrative functions,and user fees. WSP
will conduct regional audits of all agencies working under this MOU to ensure compliance to all
state and federal standards.
B. CJA shall be responsible for ensuring:
1. CJA responds to requests for information by the FBI CJIS Division or the WSP in the form of
questionnaires, surveys, or similar methods, to the maximum extent possible, consistent with
any fiscal,time,or personnel constraints of the CJA.
2. CJA has formalized written procedures for the following, if applicable: criminal history use
and dissemination, misuse, background checks, password management, storage, and
destruction of CHRI.
3. CHRI received as a result of licensing or employment purposes, pursuant to Public Law 92-
544 is solely used for the purpose for which the record was requested. Subject fingerprints
shall be submitted with all requests for CHRI for noncriminal justice purposes. Access to the
FBI CJIS using name-based inquiry and record request messages is not permitted for
noncriminal justice purpose,unless otherwise approved by the FBI.
4. Access to CHRI by authorized officials is subject to cancellation if dissemination is made
outside the receiving departments,related agencies,or other authorized entities.
5. All fingerprint based applicant submissions must include in the reason fingerprinted field an
accurate representation of the purpose and/or authority for which the CHRI is to be used.
6. CJA must notify the applicants fingerprinted that the fingerprints will be used to check the
criminal history records of the FBI. The officials making the determination of suitability for
licensing or employment shall provide the applicants the opportunity to complete, or
challenge the accuracy of, the information contained in the FBI identification record. These
officials also must advise the applicants that procedures for obtaining a change, correction, or
updating of an FBI identification record are set forth in Title 28, C.F.R. 16.34. Official
FBI MOU CHRI Criminal Justice Agency_Rev 07-24-18 Page 1 of 5
WSP Contract No.K15579
making such determinations should not deny the license or employment based on information
in the record until the applicant has been afforded a reasonable time to correct or complete the
record,or has declined to do so.
7. Appropriate administrative, technical, and physical safeguards to insure the security and
confidentiality of records and to protect against any anticipated threats or hazards to their
security or integrity.
8. CJA shall seek WSP permission prior to outsourcing noncriminal justice functions.
9. Outsourcing of noncriminal justice administrative functions requiring access to CHRI to
either another governmental agency or a private contractor acting as an agent for the
authorized receiving agency complies with the Security and Management Control
Outsourcing Standard for Non-Channelers(Section X).
10. CJA is responsible for compliance to technical standards set forth by WSP and the CJIS
Security Policy(Section X).
11. CJA will conduct periodic self-audits to ensure compliance with CJIS Security Policy.
12. CJA will participate in WSP and FBI audits, provide plans for any compliance issues, and
follow through to resolution within identified timeframes.
13. CJA will ensure all appropriate staff members are trained according to the state and federal
requirements.
III. CRIMINAL HISTORY RECORD INFORMATION RESPONSIBILITIES
CJA shall conform to system policies, as established by the FBI CJIS Division and WSP, before
access to CHRI is permitted. This will allow for control over the data and give assurance of system
security.
A. The rules and procedures governing access to CHRI shall apply equally to all participants in the
system.
B. CJA must designate a specific unit, position, or personnel to access CHRI; noncriminal justice
agencies must advise WSP of such personnel and changes to such designation.
C. CJA shall permit an FBI CJIS Division or WSP audit team to conduct appropriate audits. CJA
must cooperate with these audits and respond promptly.
IV. SECURITY RESPONSIBILITIES
Technical Roles and Responsibilities
CJA must comply with and enforce system security. CJA must have someone designated as the
security point of contact(POC). Security POC's shall be responsible for the following:
A. Identifying the user of the hardware/software and ensuring that no unauthorized users have
access to the same.
B. Identifying and documenting how the equipment is connected to the state system.
C. Ensuring that personnel security screening procedures are being followed as stated in the CJIS
Security Policy.
D. Ensuring that appropriate hardware security measures are in place.
E. Supporting policy compliance and keeping the WSP informed of security incidents.
F. If the technical POC changes at your agency,notify WSP immediately.
Security Enforcement
CJA is responsible for enforcing system security standards for their agency, in addition to all of the
other agencies to which the CJA provides CHRI information. Authorized users shall access and
disseminate the CHRI data only for the purpose for which they are authorized. CJA shall have a
written policy for the discipline of policy violators.
Technical Security Training
All Information Technology(IT)employees who have access to and those who have direct
responsibility to configure and maintain FBI CJIS systems must review security awareness training
within six months of their appointment or assignment. Documentation pertaining to the materials
FBI MOU CURT Criminal Justice Agency_Rev 07-24-18 Page 2 of 5
f r
WSP Contract No.K15579
used and those employees which receive security awareness training shall be maintained in a current
status.
Physical Security
A physically secured location in CJA's facility, an area, a room,a group of rooms,that is/are subject
to criminal justice agency management control security addendum and which contain hardware,
software, and/or firmware(e.g.,information system servers,controlled interface equipment,
associated peripherals or communications equipment,wire closets,patch panels,etc.)that provide
access to the CJIS sensitive facilities and restricted/controlled areas shall be prominently posted and
separated from non-sensitive facilities and non-restricted/controlled areas by physical barriers that
restrict unauthorized access.
All personnel with access to computer centers,CHRI, or areas where CHRI is housed shall either be
escorted by authorized personnel at all times or receive a fingerprint-based background check. All
personnel must review security awareness training within six months of their appointment or
assignment.
Personnel Security
To verify identification, state of residency and national fingerprint-based record checks shall be
conducted within 30 days of initial employment or assignment for all personnel who have authorized
access to FBI CJIS information and those who have direct responsibility to configure and maintain
computer systems and networks with access to FBI CJIS information. All requests from system
access shall be made as specified by the CJIS Systems Officer(i.e. WSP Identification and Criminal
History Section).
CJA shall use the data supplied by WSP and the FBI under this MOU only for the authorized
purpose intended. CJA shall not use this data for any other purpose and shall not disseminate this
data with any other parties unless required by law. CJA shall share any public disclosure requests
regarding this data with the WSP.
Storage
Please see Security and Management Control Outsourcing Standard for Non-Channelers(Exhibit A).
V. LIAISON REPRESENTATIVES
For the Washington State Patrol: For the Jefferson County Juvenile Court
CASA:
Deborah Collinsworth, Section Manager Barbara Carr
Identification and Background Check Section PO Box 120
PO Box 42619 Port Townsend WA 98368
Olympia WA 98504-2619 Phone: 360-385-9190
Phone: (360)534-2102 E-mail: bcarr@co.jefferson.wa.us
Fax:(360) 534-2070
E-mail: deborah.collinsworthnwsp.wa.gov
VI. INDEMNIFICATION
To the extent permitted by law, each party shall defend, protect and hold harmless the other party
from and against all claims, suits and/or actions arising from any negligent or intentional act or
omission of that party's employees, agents, and/or authorized subcontractor(s) while performing this
MOU.
VII. PERIOD OF MOU
This MOU becomes effective on the date of the last signature and continues for three years and may
be renewed. It may be modified by mutual written consent of the two agencies.
VIII. TERMINATION
Except as otherwise provided in this MOU, either party may terminate this MOU upon ninety(90)days'
written notification to the other party. If this MOU is so terminated,the terminating party shall be liable
FBI MOU CHRI Criminal Justice Agency_Rev 07-24-18 Page 3 of 5
WSP Contract No.K15579
only for performance in accordance with the terms of this MOU for performance prior to the effective
date of termination.
FBI MOU CHRI Criminal Justice Agency_Rev 07-24-18 Page 4 of 5
WSP Contract No.K15579
IX. DISPUTES
In the event that a dispute arises under this MOU,it shall be resolved by a Dispute board as follows: The
Chief of WSP, or designee, shall appoint one member to the Dispute Board;the NCJA shall appoint one
member to the Dispute Board;and the Chief of WSP, or designee, and the NCJA shall jointly appoint an
additional member to the Dispute Board. The Dispute Board shall evaluate the dispute and make a
determination of the dispute. The determination of the Dispute Board shall be final and binding on the
parties hereto. If applicable and as an alternative to this process, either of the parties may request
intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process
will control.
X. SECURITY AND INCORPORATED EXHIBITS
The documents listed below are incorporated into and made a part of this MOU:
1. FBI CJIS Security Policy https://www.Jbi.gov/services/ejis/cjis-security policy-resource-
center
2. NCJA shall store records in accordance with Exhibit A,the Security and Management
Control Outsourcing Standard for Non-Channelers. Exhibit A, attached hereto, is the most
recently revised Standard. The Standard can be found at the following link:
https://www.fbi.gov/file-repository/compact-council-security-and-management-control-
outsourcing-standard-for-non-channelers.pdf/view The NCJA shall review the Standard at
least yearly, and adhere to any the provisions of the most recently implemented by the
National Crime Prevention and Privacy Compact Council.
XI. ORDER OF PRECEDENCE
In the event of any inconsistency in the terms of this MOU, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order:
a. Applicable federal and state statutes and regulations;
b. The Terms and Conditions contained in this MOU;
c. Security and Management Control Outsourcing Standard for Non-Channelers;
d. Any other provisions of the MOU,whether incorporated by reference or otherwise.
XII. ALL WRITINGS CONTAINED HEREIN
This MOU contains all the terms and conditions agreed upon by the parties. No other understandings,oral or
otherwise,regarding the subject matter of this MOU shall be deemed to exist or to bind any of the parties hereto.
WASHINGTON STATE PATROL JEFFERSON COUNTY JUVENILE
COURT CASA
FOR: John R.Batiste,Chief Signature Date
Date Print Name and Title
Ap, oved a to orm nly:
Date:
Philip C. Hunsucker,Chief Civil Deputy Prosecutin Attorney
Jefferson County Prosecuting Attorney's Office
FBI MOU CHRI Criminal Justice Agency_Rev 07-24-18 Page 5 of 5