HomeMy WebLinkAboutC2014-006 - 1/21/2014 - 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 three years. The effective date of this Agreement is defined as the
latest date of signature on this Agreement by the City and CCISD. At least sixty(60) 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 CCISD to
share and have secure interne 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.
The Corpus Christi Independent School District is granted read-only access to the data elements of
the City Municipal Court's management systems related to case filing and 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
2014-006
1/21/14
Res. 030053
CCISD INDEXED
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
City of Corpus Christi Parks and Recreation Departments Community Services Division computer
application concerning student identification, school, and 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
3. Attendance Officer(s)
4. CCISD Chief of Police
5. CCISD Police Lieutenant(s)
6. CCISD Police Sergeant(s)
The parties 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.
CCISD 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 release
information, and grades, for those CCISD students who are being processed through the City of
Corpus Christi Parks and Recreation Departments Community Services Division or the Corpus
Christi Municipal Court.
This access will be limited to the following City personnel ("City Authorized Representatives"):
1. City of Corpus Christi Parks and Recreation Department's Community Services Division
Superintendent
2. City of Corpus Christi Parks and Recreation Department's Community Services Division
Administrative Assistant
3. City of Corpus Christi Parks and Recreation Department's Community Services Division Intake
Specialists
4. City of Corpus Christi Parks and Recreation Department's Community Services Division Case
Managers
5. City of Corpus Christi Parks and Recreation Department's Community Services Division
Program Managers
6. City of Corpus Christi Municipal Court's Presiding Judge
7. City of Corpus Christi Municipal Court's Juvenile Court Judge
8. City of Corpus Christi Municipal Court's Prosecutors and Municipal Court Chief Prosecutor
9. City of Corpus Christi Municipal Court's Clerks
10. City of Corpus Christi Municipal Court's Juvenile Case Managers
The parties 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 Authorized
Representatives of the City shall have access.
In the carrying out of the terms of this Agreement, the City, including the City Authorized
Representatives under this Agreement, agrees that any and all personally identifiable information
pertaining to CCISD students provided under this Agreement is confidential information under
federal law and CCISD policy. The City shall not, without written consent of the parents of the
student, release or disclose to the public or any third party information or records regarding any
District student. As said information is confidential, it shall not be used by the City, or any of its
employees, agents, or representatives, for private purposes. The City acknowledges that the
unauthorized release of confidential student information or records may subject the individual or
entity to criminal and civil penalties. Accordingly, the City will comply with the requirements of
District policy pertaining to the confidentiality of student education records, and will comply with
the requirements of the Family Education Rights and Privacy Act (F.E.R.P.A. - see 20 U.S.C. §
1232g and 34 C.F.R. § 90, et seq.) and, as applicable the Individuals with Disabilities Education
Act, specifically 20 U.S.C. §§ 1412(a)(8), 1417(c), and see 34 C.F.R. §300.623. The City further
agrees that any confidential student information or records it obtains pursuant to the performance of
this Agreement will be destroyed after the need for such information or records ceases to exist.
However, any information required to be filed with the Municipal Court pursuant to court order
shall be maintained and released pursuant to applicable juvenile law under the Texas Code of
Criminal Procedure and the Texas Family Code.
With the exception of information required to be filed with the Municipal Court pursuant to court
order, the City further agrees that its City Authorized Representatives and/or the CCISD Authorized
Representatives will seek and obtain written authorization from the appropriate parent, guardian or
majority student for the release of personally identifiable education record information to the City
Authorized Representatives in relation to this Agreement in advance of the release.
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 necessary to protect its data, including data
encryption. CCISD records are available upon completion of CCISD training. City will allow
secure internet based computer access of juvenile records.
ARTICLE 7—TRAINING.
Prior to access being granted, the owner of the web based application shall provide training 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.
Authorized 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, telephone and e-mail information of juvenile cases filed
at Municipal Court for prosecution; for juvenile cases referred to the Municipal Court by a
school administrator or designee, prior to a case for misconduct that would otherwise be
within the court's statutory powers being filed, for prevention and/or intervention services
by juvenile case managers , as required by the Code of Criminal Procedure, Chapter 45.056;
cases processed at the City of Corpus Christi Parks and Recreation Departments Community
Services Division; and cases that are classified as Class C misdemeanors and are referred to
the City of Corpus Christi Parks and Recreation Departments Community Services Division
for case management services prior to being filed with the Municipal Court.
B. To obtain the following information for cases filed at Municipal Court, for prosecution; for
juvenile cases referred to the Municipal Court by a school administrator or designee, prior to
a case for misconduct that would otherwise be within the court's statutory powers being
filed, for prevention and/or intervention services by juvenile case managers , as required by
the Code of Criminal Procedure, Chapter 45.056; cases processed at, City of Corpus Christi
Parks and Recreation Departments Community Services Division and cases that are
classified as Class C misdemeanors and are referred to the City of Corpus Christi Parks and
Recreation Departments Community Services Division for case management services prior
to being filed with the Municipal Court:
• Home school
• Home school counselor
• District Alternative Education Program counselor
• Grades
• Attendance records
• Discipline history
• Offense history
• Eligibility for special education services and if services are received
C. To report Municipal Court dispositions, and, Municipal Court prevention and/or intervention
service findings and/or conclusions, or City of Corpus Christi Parks and Recreation
Departments Community Services Division outcomes in aggregate form.
ARTICLE 9. PERMISSIBLE USES OF CITY RECORDS.
Authorized Representatives of CCISD may only obtain and use records from the City to determine
the status of the following:
A. (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.
B. Parent/guardian and student address, telephone and e-mail information of juvenile cases filed at
Municipal Court, for prosecution; for juvenile cases referred to the Municipal Court by a school
administrator or designee, prior to a case for misconduct that would otherwise be within the
court's statutory powers being filed, for prevention and/or intervention services by juvenile case
managers , as required by Article 45.056, Code of Criminal Procedure; cases processed at the
City of Corpus Christi Parks and Recreation Departments Community Services Division, and
cases that are classified as Class C misdemeanors and are referred to the City of Corpus Christi
Parks and Recreation Departments Community Services Division for case management services
prior to being filed with the Municipal Court.
ARTICLE 10. - ADDITIONAL RESTRICTIONS.
Neither party nor its Authorized Representatives shall release or disclose to the public, or any third
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 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.
Documents filed with the Municipal Court will be maintained and purged in accordance with State
records retention schedules.
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.
ARTICLE 13.—ASSIGNMENT.
Neither party shall assign, sublet or transfer its interests in this Agreement without the prior written
consent of the other party.
ARTICLE 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 Street
Corpus Christi, Texas 78401
With copy to: City of Corpus Christi
Attn: Director of Parks and Recreation
P. 0. Box 9677
Corpus Christi, Texas 78401
For CCISD: Corpus Christi Independent School District
Attn: Superintendent
801 Leopard Street
Corpus Christi, Texas 78401
ARTICLE 15. - DUPLICATE ORIGINALS.
The parties to this Agreement have signed duplicate original counterparts.
ARTICLE 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 proper authorities of each entity.
AGREED TO BY:
CITY 1 CO '.' . _ '-. "�� CORPUS CHRISTI I.S.D.
BY: I'Wi By:tit&
Ronal i '4 i1�c�' D. 'cott Elliff, Ed.D.
City ranger Superintends t f Sc ols
Date: Date: � iq t3
Approved as to leg. orm: Approved as to legal form: /NY'(5
By: By:
Lisa A_ • ar John J./rt./el.
ans n
Interi' City Attorney General Co sew or CCISD
BY: L i r ial(3
Brian �4 .l�, ' /M , C.P.M
Director for Purchasing and Distribution
Al"I' tv •
REBECCA HUERTA
CITY SECRETARY
Approved as to form:_2___Cm
Assist. t City ttorney a mown
�•�Q j�
For City Attorney SE ARty
EXHIBIT A
ACKNOWLEDGMENT FORM TO BE EXECUTED BY CCISD AUTHORIZED REPRESENTATIVES
I, , have been designated as an Authorized
Representative for CCISD, to allow me to receive read only computer access to certain juvenile
information of the Corpus Christi Municipal Court.
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, 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
determining 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) 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.
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.
Employee Signature: Date:
Employee's Name (printed): Title:
Email Address: Phone:
Supervisor's Signature: Date:
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.
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, 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 City of Corpus Christi Parks and Recreation Departments
Community Services Division 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. I certify that I will
not disclose or otherwise use any CCISD student information except as specifically permitted
herein.
Employee Signature: Date:
Employee's Name (printed): Title:
Email Address: Phone:
Supervisor's Signature: Date:
EXHIBIT C
Data Elements to be provided by City to CCISD include the following:
A. CITY OF CORPUS CHRISTI PARKS AND RECREATION DEPARTMENTS COMMUNITY
SERVICES DIVISION 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 City of Corpus Christi Parks and Recreation Departments
Community Services Division)
• 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 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