HomeMy WebLinkAboutResolution 2023-115 Approving and Authorizing the Interim Police Chief to Execute an Updated Agreement between Pima County Superior Court and Marana Police Department MARANA RESOLUTION NO. 2023-115
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING
THE INTERIM POLICE CHIEF TO EXECU I'L AN UPDATED AGREEMENT BETWEEN
PIMA COUNTY SUPERIOR COURT AND MARANA POLICE DEPARTMENT TO
ALLOW THE EXCHANGE OF COURT INFORMATION TO DETERMINE
DISPOSITION OF CASES; RESCINDING RESOLUTION NO. 2023-092
WHEREAS the Pima County Superior Court's STEPs program (Supportive
Treatment and Engagement Program) is an evidence-based, pre-indictment drug
diversion court providing short-term targeted treatment to suspects charged with first-
or second-time felony drug possession; and
WHEREAS Marana Police Department (MPD) currently has over 50 cases
involving suspects arrested for drug-related charges that were entered into the STEPs
program; and
WHEREAS MPD is currently unable to gather necessary information regarding
disposition of cases entered into the STEPs program so that MPD can accurately classify,
clear, and properly document adjudication for drug-related arrest cases; and
WHEREAS Pima County Superior Court and MPD desire to enter into a data
sharing agreement that will allow for the exchange of information to determine the
disposition of MPD cases entered into the STEPs program; and
WHEREAS on September 19, 2023, the Town Council adopted Resolution No.
2023-092, approving a previous version of the data sharing agreement; and
WHEREAS the Town Council finds that it is in the best interests of the community
to enter into an updated agreement with Pima County Superior Court to allow the
exchange of information to determine disposition of cases entered into the STEPs
program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. The agreement between Pima County Superior Court and MPD to
allow the exchange of information to determine disposition of cases, attached to and
incorporated by this reference in this resolution as Exhibit A,is hereby approved,and the
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Resolution No.2023-115 - 1 -
Interim Police Chief is hereby authorized and directed to execute it for and on behalf of
the Town of Marana.
SECTION 2. Resolution No. 2023-092 adopted by the Marana Town Council on
September 19, 2023 and the agreement it approved are hereby rescinded.
SECTION 3. The Towri s Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms,
obligations, and objectives of the agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 21st day of November, 2023.
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David L. Udall, Town Clerk Jairall, Town Attorney
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PARANA AZ
ESTABLISHED 1977
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Resolution No.2023-115 -2-
Exhibit A to Marana Resolution No. 2023-115
ARIZONA SUPERIOR COURT IN PIMA COUNTY
AND
MARANA POLICE DEPARTMENT
This agreement is between the Superior Court of Pima County, hereafter called the COURT, and
Marana Police Department, hereafter called MPD enter into this Agreement as provided below:
1. Purpose. This Agreement is intended to allow the exchange of information, between the
Court and the Marana Police Department (MPD). MPD intends to gather STEPS program
information from the Court so it can accurately classify, clear and properly document
adjudication for drug related arrest crimes. Currently, MPD has over 50 cases where a suspect
was arrested for drug related charges with no court adjudication knowledge of the cases
because the defendants were entered into the STEPS program. MPD intends to mine the
information provided so it can cross reference our "open" cases so a disposition can be
attached and the cases can be closed.
2. Effective Date. This Memorandum of Understanding (MOU) shall begin upon execution
and shall terminate on September 30, 2024, unless the parties mutually agree upon an
extension.
3. Process. Because STEPS program information is not separated by arresting agency or
arresting agency case report number, MPD requests STEPs participant status updates for
individuals initially arrested by MPD. This information will allow MPD to update its
records or seek further prosecution to its drug association cases with no known disposition.
MPD shall provide the Court with identifying information of STEPs participants initially
arrested by MPD. Identifying information includes participant's name, date of birth, and
Pima County Sheriff Department booking identification number.
Once the Court has received identifying information, the Court shall provide MPD with
STEPs participant status update. Status will be one of five categories: in progress,
graduated, indicted, not graduated/not indicted, or other.
The parties shall meet and agree to the methods of how the data exchanges will occur.
Examples of methods include but are not limited to the following: phone call, Teams call,
and encrypted email. The parties' final agreement regarding the methods of exchanging data
shall be included in the collaborative protocols or as an exhibit to this agreement.
4. Payment. Not applicable
5. Confidentiality of Records. The provision and use of all information covered by the terms
of this Agreement shall be in strict compliance with federal and state statutes, court rules,
and regulations concerning confidentiality, in particular, A.R.S. § 8-807, Rule 123, and Rules
of the Supreme Court. MPD has procedures and controls which allow the distinction
between confidential records and records that must be disclosed under public records law.
The Court will assist MPD in making this distinction in response to a public records request
for Court records. MPD also agrees that personally identifiable records and information (PII)
identified or obtained as part of the data and information sharing process shall be deemed to
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Exhibit A to Marana Resolution No. 2023-115
be confidential and shall not be divulged to the public, unless authorized by the Court or
required by law. Dissemination to public or private entities or offices shall only occur as
stated in this Agreement or required by law.
6. Insurance. Pima County Superior Court is insured by the State of Arizona Department of
Administration Risk Management Division. The Town of Marana is insured by the Arizona
Municipal Risk Retention Pool.
7. Cancellation. This Agreement is subject to cancellation provisions pursuant to A.R.S. § 38-
511. Either party may cancel this Agreement, without penalty or further obligation, if any
person significantly involved in initiating, negotiating, securing, drafting or creating this
Agreement, on behalf of the party canceling the agreement is, at any time while this
Agreement or any extension is in effect, an employee or agent of the other party with respect
to the subject matter of this Agreement.
8. Waiver. None of the provisions of the Agreement may be waived, changed, or altered except
in writing signed by both parties.
9. Indemnification. Each party (as Indemnitor) agrees to defend, indemnify, and hold
harmless the other party (as Indemnitee), from and against any and all claims, losses, liability,
costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to
as Claims) arising out of bodily injury of any person (including death) or property damage,
but only to the extent that such Claims which result in vicarious/derivative liability to the
Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the
Indemnitor, its officers, officials, agents, employees, or volunteers.
10. Records. Pursuant to A.R.S. § 35-214 and § 35-215, MPD shall retain all data books and
other records ("records") relating to this Agreement for a period of five years after
completion of the Agreement. All records shall be subject to inspection and audit by the
state of Arizona at reasonable times. Upon request, MPD shall produce the original of any
or all such records.
11. Non -Discrimination. The parties shall comply with Executive Order 2009-9, which
mandates that all persons, regardless of race, color, religion, sex, age, national origin or
political affiliation, shall have equal access to employment opportunities, and all other
applicable state and Federal employment laws, rules, and regulations, including the
Americans with Disabilities Act. MPD shall take affirmative action to ensure that applicants
for employment and employees are not discriminated against due to race, creed, color,
religion, sex, national origin or disability.
12. Applicable Law. This Agreement shall be construed in accordance with the laws of the
State of Arizona.
13. Dispute Resolution. The parties to this Agreement agree to resolve all disputes arising out
of or relating to this Agreement through arbitration, after exhausting applicable
administrative review, to the extent required by A.R.S. § 12-1518 except as may be required
by other applicable statutes.
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Exhibit A to Marana Resolution No. 2023-115
17. Special Terms and Conditions for Records Access Agreements. MPD agrees to the
following:
A. Duty to protect records. MPD shall protect the data from unauthorized access and
misuse and shall ensure the security and confidentiality of any data that are sealed or
closed by Rule 123 or any other rule or law.
B. Unauthorized re -dissemination prohibited. MPD will not copy or re -disseminate any
data that are sealed or closed by rule or law other than for the stated purposes.
C. Commercial use prohibited. MPD will not use the data to sell a product or service to
an individual or the general public.
D. Employee training. MPD will inform its employees of the requirements imposed by
applicable federal and state laws, rules, and terms of this Agreement.
E. Correcting data errors. If requested by the individual who is the subject of any data
provided, MPD will cooperate with the individual and the Court in correcting any
inaccurate or incomplete records provided by the Court. MPD will notify Court of any
data inaccuracies identified by MPD.
F. Response to public records requests. MPD agrees to consult with the Court prior to
releasing any data provided under this Agreement in response to a public records request.
G. Merging records. Prior to merging any data obtained from the Court with other data
concerning an individual or organization, MPD will ensure there is sufficient identifying
information to reasonably conclude that the data concerns the same individual or
organization.
H. Change management. The parties shall agree on a change management process and
allocation of responsibilities for ensuring any unilateral software modifications do not
disrupt the ongoing exchange of electronic case record information.
I. Compliance with audits and investigations. MPD agrees that the Court may audit
MPD's compliance with the terms and conditions of this Agreement and that MPD will
permit the Court's use of and access to the data provided.
J. Assignment — The parties shall agree on how the records or data will be exchanged, and
if done so electronically, the format, timing, and frequency of exchanges.
K. Release of records - All applicable rules and laws pertaining to the release of the records
and data have been disclosed by the parties.
18. Entire Understanding. This Agreement contains the entire understanding of the parties.
There are no representations or other provisions other than those contained herein, and every
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Exhibit A to Marana Resolution No. 2023-115
amendment or modification of this Agreement shall be made only in writing and signed by
the parties to this Agreement.
19. Notice. Notice required pursuant to the terms of this Contract shall be in writing and shall be
directed to the Court's contract administrator and MPD's representative at the addresses
specified immediately below or to such other persons or addresses as either party may
designate to the other party by written notice. Notice shall be delivered in person or by
certified mail, return receipt requested.
Notice to the Court:
Arizona Superior Court in Pima County
110 W. Congress
Tucson, Arizona 85701
Attn: Adam Redding
Contract and Procurement Manager
Notice to the MPD:
Marana Police Department
11555 West Civic Center Drive
Marana, AZ 85653
Attn: Interim Police Chief Roberto Jimenez
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS INSTRUMENT
BY PROPER PERSONS THEUNTO DULY AUTHORIZED SO TO DO THE DAY AND YEAR
FIRST ABOVE WRITTEN.
ARIZONA SUPERIOR COURT
Hon. Jeffrey T. Bergin, Presiding Judge
Date:
Interim Chief, Roberto Jimenez, Marana
Police Dept.
Date:
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Exhibit A to Marana Resolution No. 2023-115
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