HomeMy WebLinkAboutC2006-386 - 8/29/2006 - Approved
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF CORPUS CHRISTI AND
THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
REGARDING SHARING OF JUVENILE RECORDS
THIS INTERLOCAL AGREEMENT, hereinafter referred to as "the Agreement", is made by
and between the City of Corpus Christi (hereinafter referred to by name or as "the City"), a
home rule city, and the Corpus Christi Independent School District (hereinafter referred to
by name or as "CCISD"), pursuant to Chapter 791 of the Texas Government Code.
ARTICLE 1. - CONTRACT TERM.
This Agreement is for a term of two years. The effective date of this Agreement is defined
as the latest date of signature on this Agreement by the City and CCISD. Upon written
agreement of the City Manager and the CCISD Superintendent, this Agreement shall be
renewed for additional one year periods. At least sixty days prior to the end of each term,
the parties agree to meet to review the services provided and received under this
Agreement, and request as necessary any amendments to accomplish each party's
respective goals.
ARTICLE 2. - PURPOSE
The purpose of thiS Agreement is to allow Authorized Representatives of the City and
CCIS[) to share and have secure internet based access to certain juvenile records, subject
to the terms and conditions stated herein, for the purpose of providing services to the
student or minor and parents whose records and information are being disclosed, in order
to better serve juveniles in the community. and to comply with state law reporting
requirements
ARTICLE 3. AUTHORIZED REPRESENTATIVES.
Each party to this Agreement shall designate one or more employees ("Authorized
Representatives") who shall have full authority to access and properly disseminate certain
records and information described herein, all for official purposes only. Each party may
monitor the access of the other party's Authorized Representatives to the computer system
records.
Each Authorized Representative shall acknowledge in writing that he or she has read this
Agreement. and will fully comply with all of the terms and conditions hereof. Each party
shall provide the other party with a current list of all Authorized Representatives, and shall
notify the other party. as soon as practicable, when an Authorized Representative
terminates employment The Acknowledgement form to be executed by CCISD Authorized
Representatives is attached as Exhibit A. The Acknowledgment form to be executed by
City Authorized Representatives is attached as Exhibit B.
ARTICLE 4. ACCESS TO CITY RECORDS.
Thp ~()rnl J~ f:hristi Indeoendent School District is granted read-only access to the data
2006-386 ipal Court's management systems related to case filing and
08/29/06
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CCISD
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case disposition for the sole purpose of determining the status of the following cases filed
In Municipal Court: (1) CCISD students charged with Failure to Attend School violations;
(2) CCISD students charged with Daytime Curfew violations; (3) Adults charged with
Parent Contributing to Non-Attendance of a student enrolled in CCISD; and (4) assault and
possession of drug paraphernalia cases filed and their dispositions pursuant to Art. 15.27
Code of Criminal Procedure. Information provided shall cover at least previous two years
of data.
Data elements to be provided are listed on the attached Exhibit C.
The Corpus Christi Independent School District is granted read-only access to the portions
of the Corpus Christi Juvenile Assessment Center computer application concerning
student identification, school. offense and case information.
This access will be limited to the following CCISD personnel ("CCISD Authorized
Representatives")
1. Director of Student Support Services
2. secretaries in the Office of Student Support Services (2)
3. Alendance Officers (6)
4. CCISD Chief of Police
5. CCISD Police Sergeants (2)
6. CCISD Police Captain
The ItBrties may agree, by written and properly executed addendum to this Agreement
authorized by the City Manager and CCISD Superintendent to expand or modify the
records to which CCISD shall have access.
ARTICLE 5. ACCESS TO CCISD RECORDS.
CCISO shall allow Authorized Representatives of the City to have internet based computer
access to most recent two years of CCISD records pertaining to attendance, emergency
releale information, and grades, for those CCISD students who are being processed
throUCJh the Juvenile Assessment Center or the Corpus Christi Municipal Court.
This access will be limited to the following City personnel ("City Authorized Representatives"):
1 Juvenile Assessment Center Superintendent
2 Juvenile Assessment Center Administrative Assistant
3 Juvenile Assessment Center Intake Specialists
4. Jwenile Assessment Center Case Managers
5. Juvenile Assessment Center Program Managers
6. Municipal Juvenile Court Judge
7. Municipal Juvenile Court Prosecutor
8. Mlnicipal Juvenile Court Supervisor
9. Municipal Juvenile Court Clerks (2)
10. Municipal Court Marshal and Deputy Marshals
The IBrties may agree, by written and properly executed addendum to this Agreement
auth.ized by the City Manager and CCISD Superintendent to expand or modify the
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records to which Authorized Representatives of the City shall have access.
ARTICLE 6. - ACCESS.
The parties agree to work together to allow Authorized Representatives of each party to
have secure internet based computer access to juvenile and criminal records described
herein via web based applications Each party shall be responsible for its costs to
develop its respective web based application. Each party shall take actions it deems
nece8sary to protect its data, including data encryption. CCISD records are available upon
completion of CCISD training. City plans to allow internet based computer access of
Juvemle records no later than December 31,2007
ARTICLE 7 - TRAINING.
Prior to access being granted, the owner of the web based application shall provide
trainiflg to the Authorized Representatives of the other party. Thereafter, the owner of the
web based application shall provide annual training to the Authorized Representatives of
the other party.
ARTICLE 8. - PERMISSIBLE USES OF CCISD RECORDS.
Autherized Representatives of the City may only use the information obtained from
C.C.I.S.D juvenile records for the following permitted purposes:
A. To obtain parent/guardian, address and telephone number information of juvenile
cases filed at Municipal Court or cases processed at Juvenile Assessment Center;
B. To obtain attendance records and grades of juvenile defendants with cases filed at
Municipal Court or for juveniles being processed at Juvenile Assessment Center;
C. To report Municipal Court outcomes or Juvenile Assessment Center outcomes in
aggregate form
ARTICLE 9. PERMISSIBLE USES OF CITY RECORDS.
Autherized Representatives of CCISD may only obtain and use records from the City to
deteftTline the status of following cases: (1) CCISD students charged with Failure to
Attend School violations; (2) CCISD students charged with Daytime Curfew violations; (3)
Adulll6 charged with Parent Contributing to Non-Attendance of a student enrolled in
CCISD; and (4) assault and possession of drug paraphernalia cases filed and their
dispositions pursuant to Art. 15.27 Code of Criminal Procedure
ARTICLE 10. - ADDITIONAL RESTRICTIONS.
Neither party nor its Authorized Representatives shall release or disclose to the public, or
any tlird party, any records or information of the other Party, except as required by State
or Federal law. Each party shall take all steps necessary to ensure that the records are
only viewed by Authorized Representatives for the permissible uses stated herein. Each
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party understands that the unauthorized release of juvenile and criminal records may
subject one to criminal and civil penalties. Accordingly, each party will educate and inform
its staff regarding permissible uses of the juvenile and criminal records obtained from the
other party. The parties further agree that the information or records disclosed or obtained
pursuant to this Agreement will be retained by the receiving party in a manner and for such
times in accordance with the applicable record retention laws identified by each Party after
the need for such information ceases to exist. Pursuant to applicable laws and
regulations. the City anticipates that it will retain the CCISD records provided under this
Agreement until the latter of the following dates
Sixty days after end of City fiscal year In which Defendant turns 17; or
Sixty days after end of City fiscal year In which Defendant's case is closed.
ARTICLE 11. - TERMINATION.
This Agreement may be terminated by any of the following occurrences:
A. By mutual agreement and consent in writing by both parties;
B. By either party upon thirty (30) days written notice to the other party;
C. By either party upon the failure of the other party to fulfill its obligations as set forth
in this Agreement.
ARTICLE 12. - AMENDMENTS.
Any and all changes to this Agreement may be enacted by written amendment or
addendum properly executed by the appropriate representative of each party.
ARl1CLE 13. -ASSIGNMENT.
Neither party shall assign, sublet or transfer its Interests in this Agreement without the prior
written consent of the other party.
ARTtCLE 14. - NOTICES
All notices from either party to the other required under this Agreement shall be personally
delivered or mailed to such party at the following address:
For the City:
City of Corpus Christi
Attn: Director of Municipal Courts
120 N. Chaparral
Corpus Christi, Texas 78401
With copy to: City of Corpus Christi
Attn: Director of Parks and Recreation
P. O. Box 9677
Corpus Christi, Texas 78401
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For CCISD:
Corpus Christi Independent School District
Attn: Superintendent
801 Leopard Street
Corpus Christi. Texas 78401
AR11CLE 15. - DUPLICATE ORIGINALS.
The parties to this Agreement have signed duplicate original counterparts.
AR11CLE 16. - APPROPRIATION OF FUNDS.
The City and CCISD agree that the performance of each is subject to the ability of the
parties to provide or pay for the services required under this Agreement. The City and
CCISD acknowledge that this Agreement between them is entered into in accordance with
the Interlocal Cooperation Act, Chapter 791, Texas Government Code. In accordance with
said Act, the parties hereto acknowledge that any payments made pursuant to the terms of
this Agreement shall be made from current revenues available to the paying party, and any
future payments are subject to appropriations
WHEREAS, the City of Corpus Christi and the Corpus Christi Independent School
District agree to the terms as set forth above, this Agreement shall be effective upon full
execution of the Agreement by the proper authorities of each entity, after approval by the
governing bodies of such entities.
AGNEED TO BY:
CITY OF ORPUS CHRISTI
By:
By:
K. N~e,)Ci~ ~anager
1 ( I .. t'U
Attest:
Armando Chapa. City
Armando Chapa
City Secretary
Approved as to legal form t1 I. 0 (
By: 1../4,./Y'V .~~
Lisa Aguilar, sistant City Attorney
for City Attorney
Approved as to legal form:
BY~
I y, Att eytor ISO
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EXHIBIT A
ACKNOWLEDGMENT FORM TO BE EXECUTED BY CCISD AUTHORIZED
REPRESENTATIVES
have been designated as an Authorized Representative for CCISD,
to allow me to receive read only computer access to certain juvenile information of the
Corplls Christi Municipal Court. My current CCISD position title is:
I have received and read a copy of the Interlocal Agreement executed between the City of
Corplls Christi and CCISD regarding sharing of juvenile records, effective
and I agree to abide by its terms and conditions.
I agree to access the Corpus Christi Municipal Court information for the sole purpose of
deteRTIining the status of following cases filed in Corpus Christi Municipal Court:
(1) CCISD students charged with Failure to Attend School violations;
(2) CCISD students charged with Daytime Curfew violations;
(3) ,4.Cfults charged with Parent Contributing to Non-Attendance of a student enrolled in
CCISD; and
(4) Assault and possession of drug paraphernalia cases filed and their dispositions
pursuant to Art. 15.27 Code of Criminal Procedure.
I understand and agree that utilizing such information for any other purpose is prohibited.
I understand and agree that prohibited uses of City information include but are not limited
to the following:
A. Utilizing the computer system to obtain information about family, friends,
neighbors, co-workers, or anyone when said information is not related to my official
duties:
B. Distributing information obtained from the computer system without authorization;
C. Sharing information obtained from the computer system with someone who does
not have an official need to know about the information:
D. Disclosing my access code:
E. Entering any information onto or deleting any information from any record of the
computer system:
F. Failing to log off of the computer system before leaving the work area;
Each access code assigned by the City is for the sole use of the person to whom the
access code was assigned. The access code is not to be used by or revealed to any other
person. I understand that unauthorized use of an access code is prohibited.
I acknowledge that unauthorized access or disclosure of City records may subject me to
civil and criminal penalties
Signed by_____
Name:
Title:
Date:
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EXHIBIT B
ACKNOWLEDGMENT FORM TO BE EXECUTED BY CITY OF CORPUS CHRISTI
AUTHORIZED REPRESENTATIVES
i have been designated as an Authorized Representative for the City
of Corpus Christi, to allow me to receive read only computer access to certain CCISD
student information. My current City title is: . My work
telephone number is __ ________u
I have received and read a copy of the Interlocal Agreement executed between the City of
Corpus Christi and CCISD, regarding sharing of juvenile records, effective
and I agree to abide by its terms and conditions
I agree to access the CCISD computer system for internet based computer access to
CCISD records pertaining to attendance, emergency release information, and grades, only
for those CCISD students who are being processed through the Juvenile Assessment
Center or the Corpus Christi Municipal Court, only when necessary as part of my official
duties .
I understand and agree that utilizing such information for any other purpose is prohibited.
I understand and agree that prohibited uses of CCISD information include but are not
limited to the following:
A. Utilizing the computer system to obtain information about family, friends,
neighbors, co-workers, or anyone when said information is not related to my official
duties:
B. Distributing information obtained from the computer system without authorization;
C Sharing information obtained from the computer system with someone who does
not have an official need to know about the information:
D. Disclosing my access code
E. Entering any information onto or deleting any information from any record of the
computer system;
F Failing to log off of the computer system before leaving the work area;
Each access code assigned by CCISD is for the sole use of the person to whom the
access code was assigned. The access code is not to be used by or revealed to any other
person. I understand that unauthorized use of an access code is prohibited.
I acknowledge that unauthorized access or disclosure of CCISD records may subject me
to civil and criminal penalties, and to employee discipline, up to and including termination.
l certify that I will not disclose or otherwise use any CCISD student information except as
specfically permitted hereIn.
Signed by
Empt>yee Signature: Date:
Employee's Name (printed):
Title:
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EXHIBIT C
Data Elements to be provided by City to CCISD include the following:
A JAC REPORT
Social Security Number if available
Last name
First name
Date of birth
School/Grade
Offense code
Description of offense
Date (when student went to JAC)
Case number
Gang affiliation
Above requested for CCISD students only, with initial sort by school and last name.
CCISD requests ability to sort on any reported column, and ability to look up
information based on any field
B COURT DOCKET
Date
Attendance officer
Case number
Offense code
Description of offense
School
Defendant
Student Name
Time
Social Security Number
Gang Affiliation (if available)
CCISD requests ability to sort by school and last name. Ability to sort on any
reported column; ability to look up information based on court date; and or
attendance officer.
C LIST OF VIOLATORS
Date
Attendance officer
Case number
Offense code
Description of offense
School
Defendant
Student name
Time
Modified court order
Social security number
Gang affiliation (if available)
CCISD requests ability to sort by school and last name; ability to sort on any
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reported column: ability to look up information based on court date; and or
attendance officer
D. REQUEST FOR STANDARDIZED REPORTS
1. Court Orders
a Report on individual student
b Look-up by name or student's social security number
2. Student History Report
a. Based on Student Name or SSN
b Truancy Information
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