HomeMy WebLinkAbout06 SEX OFFENDER 08-02-04
Agenda Item
6
AGENDA REPORT
Re~ewed: /? Ii'
City Manager ~
Finance Directo,ll N/A
MEETING DATE:
AUGUST 2, 2004
FROM:
WILLIAM HUSTON, CITY MANAGER
POLICE DEPARTMENT
TO:
SUBJECT:
SEX OFFENDER PIN MAPPING
SUMMARY:
The Orange County Sheriff's Department maintains a pin map on the Sheriff's web site
providing the approximate location of registered sex offenders classified as "serious" and "high
risk". The Sheriff's Department is offering to enter into a partnership with local law enforcement
agencies to provide similar information from local municipalities on their web site.
RECOMMENDATION:
The City authorize the Mayor to sign the MOU authorizing the Sheriff's Department to list locally
registered sex offenders classified as "serious" and "high risk" based on Tustin Police Department
records on the Sheriff's web site.
FISCAL IMPACT:
Minimal to no impact. The Orange County Sheriff's Department has entered into an agreement
with Digital Map Products (DPM) to create and maintain the pin maps on the Sheriff's web site
using data supplied by the Sheriff. Investigators from the Tustin Police Department already
maintain a data base of all locally registered sex offenders classified as 'serious' which can be
supplied to the Sheriff's Department for inclusion on their web site. The manpower costs
associated with maintaining the data and supplying the data to the Sheriff's Department on a
regularly scheduled basis is negligible.
BACKGROUND:
In 2002, the Orange County Sheriff's Department, in partnership with the Board of Supervisors,
introduced a pin map on the Sheriff's web site providing the approximate location of registered
sex offenders classified as 'serious' and 'high-risk'. The pin map includes areas where the
Sheriff is the primary provider of law enforcement services, along with other cities that have
partnered with the County to provide general Megan's Law registrant information within their
jurisdiction. Currently, the City of Tustin does not provide this information on the Tustin Police
Department web site.
The United States Supreme Court has upheld the statutes of states permitting Internet
dissemination of information about registered sex offenders. In light of those decisions
(Connecticut Dep't of Public Safety v. Doe, 538 U.S. 1, 155 L. ed. 2nd 98 (2003) and Smith v.
Doe, 538 U.S. 84, 155 L. Ed. 2d 164 (2003)) the Sheriff's Department is offering to partner with
local law enforcement agencies to provide this public safety information via their web site.
The pin map would show a large shaded circle over a general area indicating a registered sex
offender resides in the vicinity shown by the shaded circle. While the pin map does not provide
specific locations/addresses of offenders nor their identity, it serves as a valuable tool for
directing individuals and families to the searchable Megan's Law database, available at Sheriff's
sub-stations throughout the County.
The City of Tustin currently has approximately 37 registered sex offenders classified as 'serious'
and no registered sex offenders classified as 'high risk'.
The MOU required by the Sheriff's Department to supply information to be posted on their web
site has been reviewed by and approved by City legal counsel.
STEVE FOSTER
Chief of Police
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF
AND THE
COUNTY OF ORANGE
PERTAINING TO SEX OFFENDER PIN MAP
THIS MEMORANDUM OF UNDERSTANDING, hereinafter referred to as
"MOU," is entered into this
day of
20O_, which date is
enumerated for purposes of reference only, by and between the CITY OF
, hereinafter referred to as "CITY", and the COUNTY OF
ORANGE, a political subdivision of the State of California, hereinafter referred to
as "COUNTY",
WITNESSETH:
WHEREAS, COUNTY, acting through its Sheriff-Coroner Department,
hereinafter referred to as "SHERIFF," has caused to be made available to the
public on the Internet a map, hereinafter referred to as "the pin map," on which is
displayed, for the areas where SHERIFF is the primary law enforcement agency,
the approximate locations of the residences of sex offenders who have been
classified by the California Department of Justice, hereinafter referred to as
"DOJ," as "serious" and "high risk" offenders. as those terms are defined in
California Penal Code section 290 (m) and (n); and
WHEREAS, COUNTY has entered into a COOPERATIVE AGREEMENT
with DIGITAL MAP PRODUCTS, hereinafter referred to as DPM, to create and
maintain the pin map on DPM's web site, using data supplied by SHERIFF; and
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WHEREAS, by executing the COOPERATIVE AGREEMENT, CITY also
may utilize DPM's services to display on the pin map, for the areas where CITY's
police department is the primary law enforcement agency, the approximate
locations of the residences of sex offenders who have been classified by DOJ as
"serious" and "high risk" offenders; and
WHEREAS, COUNTY's Board of Supervisors has authorized SHERIFF to
execute, on behalf of COUNTY, MOUs in this format with cities that elect to
participate in the pin map program,
1.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
COOPERATIVE AGREEMENT! TERM
CITY shall execute the COOPERATIVE AGREEMENT with DPM, and this
MOU shall be in effect only during the period when COUNTY, CITY and DPM all
are bound by the COOPERATIVE AGREEMENT and are fully performing their
obligations thereunder. If the COOPERATIVE AGREEMENT, or the obligations
of COUNTY, CITY or DPM thereunder are terminated, this MOU simultaneously
shall terminate, If this MOU or the obligations of CITY, COUNTY or DPM
hereunder are terminated, the COOPERATIVE AGREEMENT between CITY and
DPM simultaneously shall terminate,
2.
OPTIONAL TERMINATION
CITY or COUNTY may terminate this MOU at any time and without cause
by giving thirty (30) days advance written notice to the other.
3.
TERMINATION FOR CAUSE
Either party may terminate this MOU immediately and without prior notice
upon material breach by the other party of this MOU or the COOPERATIVE
AGREEMENT, Notice of such termination for cause shall be given within five (5)
days after the effective date of such termination.
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4.
5.
DUTIES OF COUNTY
a) COUNTY shall provide a link to the pin map on the web site of
COUNTY and/or one or more of its departments;
b) COUNTY shall abide by the terms and conditions of the
COOPERATIVE AGREEMENT.
c) COUNTY shall bear all costs associated with maintaining and
operating the pin map,
DUTIES OF CITY - COOPERATIVE AGREEMENT
CITY shall abide by the terms and conditions of the COOPERATIVE
AGREEMENT. Any breach of the COOPERATIVE AGREEMENT by CITY shall
be deemed a breach of this MOU by CITY.
6.
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DUTIES OF CITY - PIN MAP DATA
CITY shall:
a,
Verify all data before supplying it to DPM for inclusion in the pin
map;
b,
Re-verify and update all data provided to DPM, and supply such
updated data to DPM for inclusion in the pin map, at least once in
c,
every three month period;
Use only the computer software supplied by DPM for providing data
d,
to DPM for inclusion in the pin map;
Provide the data to be included in the pin map directly to DPM;
e,
Provide to DPM only data about sex offenders classified as "high
risk" and "serious" by DOJ, as those terms are defined in California
f.
Penal Code section 290 (m) and (n);
Provide to DPM only data from which neither the identity nor precise
location of any sex offender can be ascertained;
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g.
In data provided to DPM, indicate, for each offender for whom data
is provided, the approximate location of the offender by offsetting
the closest outer perimeter of the symbol indicating the offender's
location by a minimum of 1,000 feet from the actual location of the
sex offender's residence;
h.
In data provided to DPM, offset the closest outer perimeter of the
symbol indicating the offender's location by no less than 1,000 feet
and not more than 1,500 feet, unless impracticable, from the actual
location of the offender's residence, as necessary to avoid
identifying a small pool of people as containing a sex offender;
i.
Bear costs of putting data into a format that can be utilized by DPM,
which includes, but may not be limited to, all costs associated with
verifying, re-verifying and updating data and all costs associated
with inputting data into the software provided to CITY by DPM and
transmitting data to DPM.
DUTIES OF CITY - CONFIDENTIALITY
CITY shall abide by all applicable statutes, regulations and binding court
decisions pertaining to the confidentiality of data about sex offenders.
8.
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DUTIES OF CITY - INDEMNIFICATION
a,)
COUNTY, its officers, agents, employees, subcontractors and
independent contractors shall not be deemeå to have assumed any
responsibility or liability for the accuracy of data submitted to DPM
by CITY, or for ensuring that such data does not identify a small pool
of people as containing a sex offender, or for ensuring that the
release by CITY to DPM and the public of such data is legally
permissible, or for the negligence or any other act or omission of
CITY or any of its officers, agents, employees, subcontractors or
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independent contractors related to this MOU or the COOPERATIVE
AGREEMENT, CITY shall indemnify and hold COUNTY, its officers,
agents, employees, subcontractors and independent contractors
free and harmless from any claim or liability whatsoever based or
asserted upon the accuracy of any data submitted by CITY to DPM,
or upon the inclusion in the pin map or publication of such data, or
upon the illegality of the release or publication of such data, or upon
any act or omission of CITY, its officers, agents, employees,
subcontractors or independent contractors related to this MOU or
the COOPERATIVE AGREEMENT, for property damage, bodily
injury or death or any other element of damage of any kind or
nature, and CITY shall defend at its expense, including attorney
fees, COUNTY, its officers, agents, employees, subcontractors and
independent contractors in any legal action or claim of any kind
based upon any such claims,
b,) The obligations of CITY set forth above in subsection 8.a) of this
MOU shall survive the termination of this MOU and the
COOPERATIVE AGREEMENT and shall remain in effect and be
fully enforceable by COUNTY until fully performed by CITY.
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IN WITNESS WHEREOF, the parties have executed the MEMORANDUM OF
UNDERSTANDING in the County of Orange, State of California,
DATED:
CITY OF
ATTEST:
City Clerk
BY:
Mayor
DATED:
APPROVED AS TO FORM:
BY:
City Attorney
DATED:
COUNTY OF ORANGE
BY:
Michael S. Carona
Sheriff-Coroner
APPROVED AS TO FORM:
Benjamin P. de Mayo, County Counsel
Orange County, California
BY:
Deputy
DATED:
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