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Home My WebLink AboutBUREAU OF ALCOHOL, TOBACCO, FIREARMS & EXPLOSIVES (ATF) (2)INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE, J, Memorandum of Understanding (MOU) Between The ` Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) 3 c� And The Santa Ana Police Department Hereinafter referred to as NIBIN Partner Site (MPS) PURPOSE N-2023-274 This serves as an agreement between ATF and NPS: Santa Ana Police Department This agreement allows for ATF to perform correlation review(s) for the NPS ballistic evidence which is entered into the NIBIN database. These correlation reviews will be conducted by ATF through the NIBIN National Correlation and Training Center (NNCTC) and will be disseminated back to the affected parties as documented in this MOU. II. ROLES AND RESPONSIBILITIES OF ATF The NNCTC, on the basis of a request for assistance by the appropriate ATF Field Division Special Agent in Charge (or their Designee), will perform correlation reviews on all ballistic evidence entered into NIBIN by the NPS and issue documentation of the NIBIN Leads or Negative results to all affected parties within 24-48 hours. The NNCTC will not perform correlation reviews on evidence entered or received by the NPS prior to the NNCTC start date that is scheduled at the time of onboarding. The ATF Special Agent in Charge initiating the request will assign a field division liaison to act as an intermediary between the NNCTC and the NPS and ensure that the protocols established by this MOU as well as MROS are followed in order to establish effective processes for the utilization of NIBIN in the field. The services of the NNCTC will be handled by highly trained IBIS technicians. In addition, all of the technician's work will be peer reviewed and finally reviewed by a senior firearms and tool mark examiner assigned to the NNCTC prior to dissemination to the field. The NNCTC will review any results with a Unified Score over 12 for every case. This standard was established based upon research and discussion within the NIBIN community as well as published articles on the subject. If necessary and justified by the circumstances of a particular investigation, the NNCTC will increase this threshold as warranted. A site may request a more exhaustive search of the database or an expedited correlation review/response (under 24 hours) when the NPS deem it absolutely necessary and mission critical; however, appropriate ,justifications for such service will be required along with follow up written documentation to the NNCTC. These types of requests should be rare based upon the success we achieve with correlations results from the Unified Scoring System over 1.2 and the standard 24-48 hours turnaround; therefore, the procedure for the NPS to request a more exhaustive search will be handled via telephonic communication with the NNCTC Firearms and Tool mark Examiner supervisor and followed up by an email documenting the justification for such request(s). The NNCTC is authorized to provide accurate and timely documentation of the correlation reviews and negative results to the parties through a distribution list provided by the sponsoring ATF Field Division. III. ROLES AND RESPONSIBILITIES OF THE NPS The true performance metric of NIBIN is the successful prosecution of shooters. In order to best utilize the services of the NNCTC, the NPS agrees to establish policies and procedures that adhere to the four critical steps of an effective and sustainable NIBIN program: Comprehensive Collection: NPS must establish internal policies for the collection and submission of all evidence suitable for entry into NIBIN regardless of crime. Evidence includes cartridge cases recovered from crime scenes and test fires from seized or recovered crime guns. ...- es �i --- g =�— lyq ,.-.,lyt g_ g .... jiiie v i►riiiiriiiuid Since diolerit cnrrie muesli ations can o cold' ve luck the oal is to et the evidence into NIBIN as soon as possible after collection, then to provide any and all relevant NIBIN intelligence (NIBIN Leads/Negatives) back to the investigator within 24-48 hours. Follow -Up: Investigators, intelligence personnel and prosecutors should pursue NIBIN Leads as appropriate. Follow-up contains three distinct but overlapping components: comprehensive crime gun intelligence, effective and thorough criminal investigation, and consistent prosecution. Feedback: Feedback is necessary for the sustained success of a NIBIN program and allows all involved to benefit from the process through ongoing evaluation and innovation. Feedback should be provided to all parties involved including patrol, investigative, lab, and intelligence Personnel. The NPS will enter the applicable investigator(s) contact information into the case comments section when entering evidence into IBIS. The contact information for said investigator should contain at a minimum: Name, Title, Telephone number and Email address in the format provided below, This will allow for the establishment of clear fines of communication between the NNCTC and the field investigators in order to best utilize the NIBIN Lead during the course of criminal investigations. Add Caso - Case umber" ecae...... te" OF, i Event Type Cate Su�paivisor �'�HB�'':.,. '•tea' :',...`." ".. .....:.._�� l ;:Su..w4uvc:�.t"`u::h? -...�..,c1u-iti::l piiginedngAgoncy, QiiginarmAgency Refeienoo High Fro da Comments_............ ..,.._, g- John A. Smifh ._......... ........J Detective Roahioted Status 212-555.1234 ..—........,.� john.a.emtlhCagency.gov "Mandatory " 2, If the NPS conducts occasional or mission specific correlations reviews in lieu of utilizing the services of the NNCTC, the NPS will indicate this fact by changing the status of the corresponding IBIS correlation requests to "Previously Viewed" in order to prevent redundancy. 3. For every test fired cartridge case acquired into IBIS, the NPS will provide all applicable make; model; caliber; and scrial number, by associating an IBIS firearm exhibit to the test fired cartridge case or bullet exhibit. The serial number should be documented exactly -as -it is inscribed onthe 'frearm, NO special-character"rtitles (i.e. do not input "serial # 123AEG instead input 123AEG"). This will facilitate accurate and timely crime gun intelligence. Also, an effort should be made to enter any other available firearm information in the Firearm Exhibit Details section, such as recovery information and/or possessor. Add F'vearm Exhibit �� 6dil6ANumber• CaGbet Model Mako Typo c L . ` SoAlNumber ---------------- Comments Nomatoty 3 IV, REPORTING REQUIREMENTS On a quarterly basis the NPS will provide a report to the ATF Field Division liaison detailing whether or not any ATF issued NIBIN Lead(s) were later confirmed by a Firearm and Tool marls Examiner, It is strongly recommended that the NPS forward any relevant NIBIN success stories to ATF. Doing so reaffirms the importance of NIBIN and assists with the advancement of the local and national NIBIN program(s), These success stories can be provided to the ATF Field Division Liaison or emailed directly to nlailtO:1�1NCTC-FOD r atf.goy V. FUNDB�IG AND ADMINISTRATIVE MATTERS This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds. This MOU is a basic statement of the understanding between parties of the matter described herein, Expenditures by each party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies. The parties expressly acknowledge that the language in this MOU in no way implies that funds will be made available for such expenditures. VI. INFORMATION SIIARING CONDITIONS Both ATF and the NPS acknowledge their understanding that work performed under this MOU -by the NNCTCis "LAW ENFORCEMENT-SENSFTIVE"and-intended-"FOR OFFICIAL-L-AW ENFORCEMENT USE ONLY." Failure to protect and safeguard such data from loss, misuse, or unauthorized access could adversely affect law enforcement operations, including those areas related to officer safety, as well as, the fair and equitable administration of justice, and the privacy of individuals. Information provided by the NCNTC shall be used for investigative purposes only. No information produced pursuant to this MOU may be duplicated, reproduced, or disseminated without the express authorization of ATF and/or the NPS, except as may be required by State or Federal law or court of competent jurisdiction. The Parties agree that premature disclosure of NNCTC data can reasonably be expected to interfere with pending or prospective law enforcement proceedings. It is agreed that the law enforcement sensitive firearms information generated pursuant to this MOU shall not be disclosed to a third party without the consent of both Parties of this MOU, subject to Federal and any applicable non -conflicting State law. The Parties agree to notify all other Parties to the MOU prior to the release of any sensitive firearms information to a third party under State or Federal law. Releases to the media or third parties, judicial demands, public announcements, Freedom of Information Act/Privacy Act/Open Records requests, and communications with Congress concerning information generated and retrieved pursuant to this MOU shall be addressed by the Parties following coordination by authorized representatives of each Party. Over the course of the agreement, both parties may come across information that may identify U.S. persons whose information is protected by the Privacy Act of 1974 and/or Executive Order 12333 (or any successor executive order). All such information will be handled lawfully pursuant to the provisions thereof. VII. COMMENCEMENT OR EFFECTIVE DATE DETERMINATION The terms of this MOU will become effective on the date on which it is signed by all parties. This MOU will remain valid until modified or rescinded by written mutual consent or terminated unilaterally after 30 days advanced written notice by any party via certified mail. Notice shall be made to the Chief, Firearms Operations Division of ATF, 99 New York Ave NE Room 6N. 555 Washington DC 20226. This fully executed MOU is entered into by ATF and the NPS prior to the commencement of service by the NNCTC to facilitate a logical transition of correlation services from the NPS to the NNCTC. The onboarding date, determined by both the NNCTC and NPS, will be the date used by the NPS for acceptable entry and receiving dates of submissions to the NNCTC as indicated in Section II, Paragraph of the MOU. to a-r Signatur Date (Chief La o ement or Public Safety Official) David Valentin Name Chief of Police Title Christopher oiyiuiry eyned q CErabpeer `. Bombardiere mmwmmreom.:.11Wsis:mev-mvn Signature Date (ATF - Special Agent in Charge) Christopher Bombardiere _Name Special Agent in Charge Title Santa Ana. Police Department Los Angeles NESS Partner Site KATH ERI N; DigAtalFly s eglne�i��Sion KATHERINE EBERHARD EBERHARDT Date: 2023.10.26n�aE— Sig Katherine Eberhardt Name Chief Firearms Operations Division Title IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: J IF L. LL t er c of th ou cil APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By. (�� TAMARA BOGOSIAN Senior Assistant City Attorney CITY OF SANTA ANA Steven A. Mendoza kcting City Manager RECOMMENDED FOR APPROVAL: j in C1ZF AL VID VAL T Cht 'ce