pH 2:56 Approved as to Form and Legality
m<&k***OF
City Attorney’s Office
OAKLAND CITY COUNCIL
8 966 4RESOLUTION NO. C.M.S.
RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR OR
DESIGNEE, ON BEHALF OF THE OAKLAND POLICE DEPARTMENT
(OPD), TO ENTER INTO A MEMORANDUM OF UNDERSTANDING
(MOU) WITH THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS
AND EXPLOSIVES (ATF) FOR ENHANCED DATA ACCESS TO THE
NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK
(NIBIN) THROUGH USE OF NIBIN ENFORCEMENT SUPPORT SYSTEM (NESS) SOFTWARE
WHEREAS, the OPD Criminalistics Division has been using NIBIN for approximately 28 years; and
WHEREAS, NIBIN was created to assist laboratories in connecting crime scenes at which cartridge cases or gun evidence was left; and
WHEREAS, NESS is an enhancement to the current NIBIN database; and WHEREAS, OPD has successfully engaged in similar MOU with DOJ entities for databases such as the combined DNA Index System (CODIS) under resolution 84787; and
WHEREAS, OPD has presented the issue to the Public Safety Committee; and WHEREAS, OPD presented the MOU to the Privacy Advisory Commission pursuant to OMC Chapter 9.72; and
WHEREAS, staff recommends that the City Council make a finding and a determination that it is in the best interests of the City to authorize the City Administrator, or designee, to enter into an MOU with the ATF; therefore, be it
RESOLVED: That the City Council does hereby authorize the City Administrator or designee to enter into an MOU with the ATF; and be it
1 FURTHER RESOLVED: that the City Administrator or designee is hereby authorized to complete all required negotiations, certifications, assurances and documentation required to accept, modify, extend and/or amend the MOU in compliance with OMC Chapter 9.72; and be it
FURTHER RESOLVED: that OPD’s Crime Lab personnel will be designated as points of contact, have the authority to serve in this capacity, add users as needed and enlist the assistance of the City Administrator should changes to the MOU be required within the Administrator’s specified scope, without returning to City Council.
IN COUNCIL, OAKLAND, CALIFORNIA,
APR 18 2023PASSED BY THE FOLLOWING VOTE:
AYES-4-
NOES
ABSENT -
ABSTENTION f
WcwU' I ATTEST:
ASHA REED
City Clerk ana Clerk of the Council
of the City of Oakland, California
2