HomeMy WebLinkAboutE-4 Staff Report - Operational Agreement eCER CONSENT ITEM
E-4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MICHAEL BERTELSEN, CHIEF OF POLICE
DATE: OCTOBER 19, 2020
SUBJECT: LOS ANGELES COUNTY DISTRICT ATTORNEY’S OFFICE AND THE CITY OF
AZUSA OPERATIONAL AGREEMENT FOR AUGUST 1, 2020 – JULY 31, 2025
BACKGROUND:
The purpose of this agreement is to set forth the terms and guidelines for the implementation and use of
the Electronic Charge Evaluation Request portal (eCER). This action approves an agreement between
the Los Angeles County District Attorney’s Office and the City of Azusa.
RECOMMENDATIONS:
Staff recommends the City Council take the following actions:
1)Approve the agreement between the Los Angeles County District Attorney’s Office and the City
of Azusa; authorize the City Manager, or designee, to execute the agreement, in a form
acceptable to the City Attorney, on behalf of the City; and approve subject to non-substantive
changes approved by the City Attorney and City Manager.
ANALYSIS:
The purpose of this Agreement is to set forth the terms and guidelines for the implementation and the
use of the Electronic Charge Evaluation Request portal (eCER).
eCER is a web based application through which law enforcement agencies may submit crime reports
and other supporting documentation for charge evaluation. Submission of criminal cases for charge
evaluation through eCER will allow the Investigating Officer (IO) to remain in the field during the
initial review process, thereby eliminating time waiting to meet with a deputy district attorney (Filing
Deputy).
APPROVED
CITY COUNCIL
10/19/2020
eCER Operational Agreement
September 19, 2020
Page 2
Not all cases are appropriate for eCER submission. The District Attorney and the Azusa Police
Department each retain the option to determine that a particular case should be personally presented by
the IO to the Filing Deputy.
Prior to implementation the District Attorney’s Office will coordinate with the Azusa Police Department
to ensure the participants receive the necessary training for the use of the Electronic Charge Evaluation
Request portal (eCER).
FISCAL IMPACT
There is no fiscal impact associated with this item.
Prepared by: Reviewed and Approved:
Chris Grant Mike Bertelsen
Administrative Captain Chief of Police
Reviewed and Approved:
Sergio Gonzalez
City Manager
Attachment(s):
1) Draft Operational Agreement between the Los Angeles County District Attorney’s Office
and the City of Azusa
2) Draft Operational Agreement Appendix A
eCER Operational Agreement City of Azusa
072720
OPERATIONAL AGREEMENT BETWEEN
THE LOS ANGELES COUNTY DISTRICT ATTORNEY’S OFFICE AND
THE CITY OF AZUSA
1.PARTIES
This Operational Agreement (Agreement) is entered into by the Los Angeles County
District Attorney’s Office (District Attorney) and the City of Azusa (City), a municipal
corporation, and its Police Department (APD).
2.PURPOSE
The purpose of this Agreement is to set forth the terms and guidelines for the implementation
and use of the Electronic Charge Evaluation Request portal (eCER).
eCER is a web application through which law enforcement agencies may submit crime
reports and other supporting documentation for charge evaluation. Submission of criminal
cases for charge evaluation through eCER will allow the Investigating Officer (IO) to remain
in the field during the initial review process, thereby eliminating time waiting to meet with a
deputy district attorney (Filing Deputy).
eCER does not eliminate the requirement that all criminal complaints must be signed by the
IO, or the IO’s designee.1 eCER also does not alter the Superior Court filing deadlines or the
procedures for filing the criminal complaint with the Superior Court. These deadlines and
procedures, which are unique to each courthouse, must still be followed, and will be set forth
in the appendix.
If a case submitted for charge evaluation through eCER results in the filing of a criminal
complaint, the IO, or the IO’s designee, must bring the required number of filing packets to
the District Attorney’s Office, sign the criminal complaint, and file the paperwork according
to the relevant Superior Court procedures, as set forth in the appendix.
Effective communication between an IO and the Filing Deputy is essential to the efficient
and proper review of all criminal cases.
Not all cases are appropriate for eCER submission. The District Attorney and the APD each
retain the option to determine that a particular case should be personally presented by the IO
to the Filing Deputy. Provisions for how each party shall be informed that an in-person
charge evaluation is required shall be set forth in the appendix.
1 If the Superior Court implements an electronic filing program, the requirement for a wet signature on the criminal
complaint will be reviewed.
Attachment 1
eCER Operational Agreement City of Azusa
072720
3. RESPONSIBILITIES OF THE DISTRICT ATTORNEY
a) Filing Deputies who are reviewing cases submitted through eCER will be available to
consult with the IO via telephone and email throughout the charge evaluation process.
b) The District Attorney, as the Host Agency, will be deemed the owner of the information
entered into the application by eCER users in accordance with CJIS Security Policy
version 5.6, section 5.1.1.
c) The District Attorney, as the Host Agency, shall conform to federal and state laws
relating to criminal justice information.
d) The District Attorney shall provide training to APD as set forth in the appendix.
e) The District Attorney shall provide Help Desk technical assistance regarding use of the
eCER Portal Monday through Friday, 7:00 a.m. to 5:00 p.m.
f) The District Attorney, in conjunction with the Los Angeles County Internal Services
Department, will provide the necessary computer infrastructure to host the eCER
application which will be accessible to APD via an internet browser.
4. RESPONSIBILITIES OF THE AZUSA POLICE DEPARTMENT
a) All IOs submitting cases for charge evaluation through eCER must be available by direct
telephone line during the evaluation process.
b) If requested, IOs must be available to meet in person with the Filing Deputy during the
charge evaluation process.
c) APD will be responsible for the appropriate security measures as applicable to physical
security of terminals and telecommunications lines within the APD’s Data Network.
d) APD personnel will meet background screening requirements.
e) APD will supply workstations equipped with internet browsers.
f) APD will supply Help Desk support of the physical hardware within the APD’s computer
network.
5. PRIVACY AND DATA SECURITY
a) The term "personal information” shall have the same meaning as set forth in subdivision
(g) of California Civil Code section 1798.29
eCER Operational Agreement City of Azusa
072720
b) The District Attorney, as the Host Agency, acknowledges the privacy rights of
individuals to their personal information, as defined in California Civil Code section
1798.29, that are expressed in the Information Practices Act (California Civil Code
section 1798 et seq.) and in Article 1, Section 1 of the California Constitution.
c) The District Attorney represents and warrants that its access, collection, use, storage,
disposal, and disclosure of personal information does and will comply with all applicable
federal and state privacy and data protection laws.
d) The District Attorney shall implement administrative, physical and technical safeguards
to protect personal information that are no less rigorous than accepted industry practices,
and shall ensure that all such safeguards, including the manner in which confidential
information is collected, accessed, used, stored, processed, disposed of and disclosed,
comply with applicable data protection and privacy laws, as well as the terms of this
Agreement.
e) The District Attorney shall maintain the privacy of personal information and shall be
responsible for any notifications to affected persons (after prompt consultation with City
and APD) whose personal information is disclosed by any security breach relating to the
confidential information resulting from the acts or omissions of the District Attorney or
of its personnel.
f) A “security breach” means unauthorized acquisition of computerized data that
compromises the security, confidentiality, or integrity of personal information maintained
by the District Attorney.
g) The District Attorney shall be responsible for providing such notification in the most
expedient time possible consistent with the methods prescribed in California Civil Code
section 1798.29.
h) The District Attorney is required to maintain an Information Security Program sufficient
to protect personal information.
6. INDEMNIFICATION
a) The District Attorney shall defend, indemnify and hold harmless the City, its officers,
employees, agents (each a City Indemnitee) from and against all losses, damages,
liabilities, deficiencies, actions, judgments, interest, awards penalties, fines, costs or
expenses of whatever kind, including reasonable attorney’s fees, and the cost of enforcing
any right to indemnification hereunder, arising out of or resulting from any third-party
claim against any City Indemnitee arising out of or resulting from the District Attorney’s
failure to comply with any of its obligations in this Agreement.
b) The City shall defend, indemnify and hold harmless the District Attorney, its officers,
employees, agents (each a District Attorney Indemnitee) from and against all losses,
eCER Operational Agreement City of Azusa
072720
damages, liabilities, deficiencies, actions, judgments, interest, awards penalties, fines,
costs or expenses of whatever kind, including reasonable attorney’s fees, and the cost of
enforcing any right to indemnification hereunder, arising out of or resulting from any
third-party claim against any District Attorney Indemnitee arising out of or resulting from
the City’s failure to comply with any of its obligations in this Agreement.
7. DURATION OF THE AGREEMENT
This Operational Agreement shall be effective August 1, 2020. This Operational Agreement
may be terminated by either party with thirty (30) days’ notice by issuing a written Notice of
Termination.
This Operational Agreement shall expire on July 31, 2025 unless terminated sooner, in whole or
in part.
8. AMENDMENT OF THE AGREEMENT
Should this Operational Agreement require modification, such changes shall be added by mutual
agreement of the APD, the City and the District Attorney, in writing, and affixed to this
Operating Agreement as the next Appendix in order.
9. CONTACTS
The day-to-day contacts for each phase of the implementation of eCER shall be set forth in the
appendix. Questions regarding the eCER project should be addressed to:
For Operational Issues:
District Attorney’s Office Azusa Police Department
James Garrison, Director [name], [rank]
Bureau of Fraud and Corruption Prosecutions emailaddress@police.org
jgarrison@da.lacounty.gov 626-***-****
213-257-3036
For Technical Issues:
District Attorney’s Office Azusa Police Department
Systems Division, Technical Lead [name], [rank]
Richard Dai emailaddress@police.org
rdai@da.lacounty.gov
eCER Operational Agreement City of Azusa
072720
WE, THE UNDERSIGNED, AGREE TO THE PROVISIONS AND INTENT OF THIS
OPERATIONAL AGREEMENT AND APPENDIX A.
Dated: _______________________ __________________________
[name], Chief of Police
Azusa Police Department
Dated: _______________________ __________________________
[name]
[title: usually City Manager or Mayor]
City of Azusa
Dated: _______________________ __________________________
[name]
Attorney for City of Azusa
Dated: _______________________ __________________________
Jackie Lacey
District Attorney
Los Angeles County
District Attorney’s Office
eCER Operational Agreement Appendix A City of Azusa and the Pomona Branch Office and the West
Covina Area Office
072720
APPENDIX A
OPERATIONAL AGREEMENT BETWEEN
THE LOS ANGELES COUNTY DISTRICT ATTORNEY’S OFFICE AND
THE CITY OF AZUSA
I. SCOPE OF AGREEMENT
Use of eCER under Appendix A shall be limited to cases originating from the Azusa Police
Department (APD) and submitted for charge evaluation to the District Attorney’s Pomona
Branch Office (Pomona) and West Covina Area Office (West Covina).
Appendix A shall apply to in-custody filings, bonds, cites, and warrants.
II. EFFECTIVE DATE
Appendix A shall be effective August 1, 2020 and shall remain in effect until either party
terminates the Operational Agreement or it expires, or the Appendix is superseded by another
Appendix.
III. AMENDMENTS
Any modifications to this Appendix shall be made in writing and by mutual agreement of the
parties.
IV. TRAINING
The District Attorney’s Office will coordinate with APD staff and Investigating Officers (IO) to
ensure that participants receive the necessary initial in-person training for the use of eCER.
Thereafter, APD shall be responsible for training any additional personnel on the use of eCER.
V. PROCEDURES
IOs submitting any case through eCER shall be available for consultation with the Filing Deputy
by telephone during the entire charge evaluation process.
Upon request of the Filing Deputy, IOs submitting cases through eCER shall be present at the
District Attorney’s Office during the charge evaluation process. Filing Deputies shall notify the
IO via telephone that the IO shall be present for the charge evaluation process, allowing
sufficient time for the IO to travel to the District Attorney’s Office and complete the process
within the timeframe established by the Superior Court.
Attachment 2
eCER Operational Agreement Appendix A City of Azusa and the Pomona Branch Office and the West
Covina Area Office
072720
The IO must be present at the time of the charge evaluation process for the following criminal
offenses submitted electronically via the eCER portal, unless the Filing Deputy indicates
otherwise:
• Murder and Manslaughter
• Stalking or cases related to Stalking
• Sexual Assault or cases involving the threat of Sexual Assault
• Domestic Violence or cases related to Domestic Violence1
• Child Abuse, cases involving the threat of Child Abuse, and cases related to Child Abuse2
• Child Abduction, cases involving the threat of Child Abduction, and cases related to
Child Abduction
• Elder and Dependent Adult Physical Abuse, cases involving the threat of Elder Abuse,
and cases related to Elder Abuse
• Any Significant Case3 or case attracting significant media attention
• Cases involving 4 or more defendants
• Cases involving 4 or more distinct incidents or crime locations
• Cases involving Complex Fraud
• Cases involving Complex Gang Allegations
Although a case may be eligible for charge evaluation through eCER, an IO may choose to bring
the case to the District Attorney’s Office for an in-person charge evaluation.
If the eCER portal is down during the submission process, submission of a case for review shall
be accomplished in the pre-eCER manner.
All cases submitted through eCER shall contain the following, where applicable:
Documents
a. Crime Report
b. Supplemental Reports
c. Arrest Report
d. Probable Cause Determination (PCD), if applicable
e. Property Report
f. Booking Slip
g. CHP 180
h. Lab Reports
1 Domestic Violence includes any felony or alternative felony/misdemeanor charge involving the threat or use of
physical force in which the suspect and victim are current or former cohabitants, dating partners, or parents of a
child in common, or in which the suspect and victim are relatives who normally reside in the same household .
2 Child Abuse includes any felony or alternati ve felony/misdemeanor charge in which a child is a victim regardless
of the child’s relationship to the perpetrator(s).
3 A Significant Case is any crime, felony or misdemeanor, of significant public interest.
eCER Operational Agreement Appendix A City of Azusa and the Pomona Branch Office and the West
Covina Area Office
072720
i. Written Statements by the victim, witnesses, and/or suspects
j. Photographs of the crime scene, evidence, injuries, suspects, victims, and/or
witnesses
k. Expert Reports
l. Criminal History, including, but not limited to CII, DMV, JAI, CCHRS and FBI,
if available, for all suspects
m. Related and/or prior Crime Reports
n. All Priors and Predicates that are required to support the charges and/or conduct
allegations
o. All body-worn camera and other video footage depicting the crime or events
associated with the crime report, as practicable, unless otherwise specifically
requested by the Filing Deputy as being necessary for an assessment of whether
criminal charges may be filed.
Required Information
p. Name, date of birth, CII number, and gender for all suspects
q. Name, date of birth, CII number (if available), and available contact information
for all witnesses and victims, including guardian [legal representative]
information if the witness or victim is a minor
r. Agency Report Number or Citation Number
s. Booking Number, if applicable
t. Appearance Date
u. Notation of the existence of any other evidence not submitted through eCER (i.e.,
dashboard camera or body-worn camera video, security, surveillance or other
video footage, 911 calls, taped interviews or witness statements)
v. Name, serial number, work cell phone number, and email of IO
w. Name, serial number, work cell phone number, and email of Filing Officer, if
different from IO
x. Name and serial number of each law enforcement personnel
y. Contact information for SDT purposes.
The IO is responsible for redacting all financial information (including, but not limited to, any
personal identifying information), minors’ full names, the names of victims who seek to maintain
confidentiality pursuant to Penal Code section 293.5 (victims of sex crimes, hate crimes,
domestic violence, and stalking), the full names and addresses of victims who might be subjected
to threats or intimidation, and any other information the IO feels should be redacted. These
redacted documents shall contain the word “redacted” in the file name and the IO must inform
the filing deputy specifically what has been redacted. The IO must submit the original,
unredacted documents via the eCER portal as well as the fully redacted versions of the
documents at the time of filing.
eCER will notify the IO by email that the case has been reviewed and either filed, declined, or
declined for further investigation.
eCER Operational Agreement Appendix A City of Azusa and the Pomona Branch Office and the West
Covina Area Office
072720
VI. FILING DEADLINES
All in-custody filings for the Pomona and West Covina Branches of the Superior Court
submitted through eCER must be transmitted to the District Attorney’s Office by 9:00 a.m. the
day the suspect is due in court.
When an in-custody case has been filed, the IO or Liaison shall print and prepare the necessary
filing packets. The IO, or the IO’s designee, shall sign the complaint at the District Attorney’s
Office prior to 10:30 a.m.
When an out-of-custody case is filed, the IO, or the IO’s designee, shall bring to the District
Attorney’s Office at least three (3) copies of the felony filing packet, or two (2) copies of the
misdemeanor filing packet. If the filing is for a warrant, four (4) copies of the filing packet
should be provided. These filing packets must be brought to the District Attorney’s Office at
least thirty (30) days before the initial court date. For multiple defendant cases, the IO must
bring an additional packet for each defendant. The IO, or the IO’s designee, shall sign the
complaint. The IO will be responsible for ensuring that all necessary redactions have been made
in reports.
VII. DECLINATIONS
If an in-custody case has been declined, the IO shall receive a copy of the declination form by
1:00 p.m. Because the police report is stored in the PIMS system, there is no need to bring hard
copies of the reports to the District Attorney’s Office for declined cases.
If the case has been declined for further investigation, the IO shall receive a copy of the
declination form and proceed accordingly. If further investigation results in the resubmission of
the case, the case can be resubmitted through eCER. To ensure that a resubmitted case is filed in
a timely manner, the IO shall contact the Filing Deputy to make appropriat e arrangements.
VIII. CONTINUING TECHNICAL SUPPORT AND TRAINING
After the initial training provided by the District Attorney’s Office, APD shall be responsible for
training any additional personnel on the use of eCER. A step-by-step User’s Guide for all law
enforcement users is available on the eCER portal itself.
APD shall designate a person to provide technical support to assist APD staff and IOs with the
use of eCER. The designated technical support person shall be consulted, in the event that
assistance is needed, before contacting the District Attorney’s Office. Thereafter, APD staff and
IOs are to contact the District Attorney’s Office through the Help Desk.
In addition, APD shall be responsible for ensuring that only authorized, trained personnel are
given access to eCER.
eCER Operational Agreement Appendix A City of Azusa and the Pomona Branch Office and the West
Covina Area Office
072720
IX. CONTACTS
For purposes of Appendix A, the contacts shall be as follows:
District Attorney’s Office –Pomona Branch Office
Head Deputy Peter Cagney
PCagney@da.lacounty.gov
909-620-****
District Attorney’s Office –Pomona Branch District Attorney’s Office –Pomona Branch
Assistant Head Deputy Karen Thorp VIP Deputy-in-Charge June Chung
KThorp@da.lacounty.gov JChung@da.lacounty.gov
909-620-**** 909-620-****
District Attorney’s Office –West Covina Area Office
Deputy-in-Charge Deanne Castorena
DCastore@da.lacounty.gov
626-813-3303
District Attorney’s Office, Systems Division Technical Lead
Help Desk Richard Dai
Helpdesk@da.lacounty.gov rdai@da.lacounty.gov
213-725-5340 562-403-6640
Azusa Police Department Azusa Police Department
[rank] ** [rank] **
emailaddress@.org emailaddress@.org
626-***-**** 626-***-****
Azusa Police Department, Information Systems
[name], [title]
emailaddress@.org
626-***-****