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HomeMy WebLinkAboutItem 4.04 MuniCode CORPUS C~lV CllE~ll{ Fole ## O[lJ[!]Ll].,[tJ[lf AGENDA STATIEMENT erN COUNe~l MIEET~NG DA TIE lFelbnnalU1f 5, 2008 SlUBJEC1' AdoptIon of Ordmance Amendmg Dublm MurucIpal Code Chapter 584 (Use of CORPUS Data) Report Prepared by Elzzabeth H Szlver City Attorney and Stephen MUZIO, ASSOCiate Attorney A 1'1' ACHMlEN1'S 1 Ordmance Amendmg Chapter 5 84 of the Dublm MurucIpal Code relatmg to the Use of CORPUS Data "Clean" verSIOn of Ordmance Amendmg Chapter 5 84 WIthout strIkethrough notatIons 2 RlECOMMlENDA1'ION ~ 1 ~ WaIve the readmg and ADOPT the Ordmance amendmg Chapter 5 84 of the DublIn MurucIpal Code ]F][NANC][AL S1'A1'lEMlENT None DlESCRIP1'][ON At ItS March 22, 2006 Goals and ObjectIves meetmg, the CIty CounCIl revIewed and approved wIth hIgh pnonty the comprehensIve update to certam chapters of the DublIn MunIcIpal Code (DMC) One chapter proposed for reVIew IS DMC Chapter 584, whIch provIdes that 1) any unauthonzed person who WIllfully and malIcIOusly obtams personal data from the Cnmmal Onented Records ProductIOn Umfied System (CORPUS) IS guIlty of a mIsdemeanor and, 2) any person who WIllfully and malICIOusly proVIdes or has proVIded data from CORPUS to any unauthonzed person IS gUIlty of a mIsdemeanor Staff has revIewed the ordmance and determmed that no substantIve changes to thIS Chapter are needed Staff does recommend capItalIzmg the first letter of each word m the phrase "cnmmal onented records productIOn unIfied system" m both sectIon 5 84 010 and sectIOn 5 84 020, to more clearly mdIcate that a specIfic database IS referenced m the ordmance Dublm PolIce ServIces has revIewed Chapter 5 84 and concurs WIth the recommended changes On January 15,2008, the CIty CounCIl held a publIc heanng regardmg the proposed ordmance Followmg the publIc heanng the CIty CouncIl WaIved the readmg and mtroduced the ordmance RECOMMlENDATION ------------------------------------------------------------------------------------------------------------- COPY TO liTIEM NO ~.~ Page 1 of2 StfRpt Use of CORPUS DATA doc DOC]]4 1015 ~ Staff recommends that the CIty CouncIl 1) waIve the readmg and ADOPT the Ordmance amendmg Chapter 584 of the Dublm MunICIpal Code Page 2 of2 '14 ORIDINANClE NO AN OlIDINANClE OlF 1'HlE CI1'Y OlF DUBL][N AMlEND][NG ClfIAP1'lER 5 84 OlF 'fHlE DUBLIN MUNIC][P AL CODlE RELA1'][NG 1'0 USlE OlF CORPUS DA1'A 1'he City CouncIl of the City of DublIn does hereby ordam as follows Section 1 Chapter 5 84 of the DublIn MurucIpal Code IS revIsed as follows, wIth deletIOns mdIcated m strIkethrough and addItIons mdIcated m underlIne 584 010 Obtammg data Any unauthonzed person who wIlfully and malIcIOusly obtams personal data from the eCnmmal eOnented fRecords pfroductIOn tlUmfied sfurstem (CORPUS) IS gUIlty of a mIsdemeanor 5 84 020 Provldmg data Any person who WIlfully and malIcIOusly provIdes or has provIded data from the eCnmmal eOnented fRecords pfroductIOn tlUmfied s.s.ystem (CORPUS) to any unauthonzed person IS gUIlty of a mIsdemeanor SectIon 2 SeverabIlIty The prOVISIOns of thIS Ordmance are severable and If any provlSlon, clause, sentence, word or part thereof IS held Illegal, mvalId, unconstItutIonal, or mapplIcable to any person or cIrcumstances, such IllegalIty, mvalIdIty, unconstItutIOnalIty, or mapplIcabIlIty shall not affect or Impair any of the remammg provlSlons, clauses, sentences, sectIons, words or parts thereof of the ordmance or theIr applIcabIlIty to other persons or CIrcumstances Section 3 EffectIve Date ThiS Ordmance shall take effect and be enforced tlurty (30) days followmg ItS adoptIOn SectIon 4 Postmg The CIty Clerk of the CIty of Dublm shall cause tlus Ordmance to be posted m at least three (3) publIc places m the CIty of DublIn III accordance WIth SectIOn 36933 of the Government Code of the State of Call forma P ASSlED, APPROVlED AND ADOP'flED thIS _ day of ,2008 AYES NOES ABSENT ABST AIN 1:-t~ ~ ~ · Y o:Ll.$;/ oS ~ ATTACHMENT 1 (j d ~q Janet Lockhart, Mayor ATTEST Carolyn Parkmson, Intenm CIty Clerk 314 ORD][NANClE NO AN ORD][NANClE OF 1'HlE CI1'Y OF DUBLIN AMlENDING CHAP1'lER 5 84 OF 1'HlE DUBLIN MlUNICIP AL CODlE RELA1'][NG 'f0 USE OF CORPUS DA1'A 1'he City CouncIl of the City of DublIn does hereby ordam as follows SectIOn 1 Chapter 5 84 of the Dublm MunIcIpal Code IS revIsed as follows, wIth deletIOns mdIcated III strIkethrough and addItIons mdIcated m underlme 5 84 010 Obtammg data Any unauthonzed person who wIlfully and malIcIOusly obtams personal data from the Cnmmal Onented Records ProductIOn Urufied System (CORPUS) IS gUIlty of a mIsdemeanor 5 84 020 Provldmg data Any person who WIlfully and malIcIOusly provIdes or has provIded data from the Cnmmal Onented Records ProductIOn Umfied System (CORPUS) to any unauthonzed person IS gUIlty of a mIsdemeanor SectIon 2 SeverabIlIty The prOVISIOns of thIS Ordmance are severable and If any provIsIon, clause, sentence, word or part thereof IS held Illegal, mvalId, unconstItutIOnal, or mapplIcable to any person or Circumstances, such IllegalIty, mvalIdIty, unconstItutIOnalIty, or mapplIcabIlIty shall not affect or ImpaIr any of the remammg prOVlSlons, clauses, sentences, sectIOns, words or parts thereof of the ordmance or theIr applIcabIlIty to other persons or CIrcumstances SectIon 3 EffectIve Date ThIs Ordmance shall take effect and be enforced thIrty (30) days followmg ItS adoptIOn SectIon 4 Postmg The CIty Clerk of the CIty of DublIn shall cause tills Ordmance to be posted m at least three (3) publIc places m the CIty of Dublm m accordance wIth SectIOn 36933 of the Government Code of the State ofCalIfoffiIa P ASSlED, APPROVlED AND ADOP1'lED thIS _ day of ,2008 AYES NOES ABSENT ABSTAIN A T1' ACHMlEN1' 2 Jf~Lf Janet Lockhart, Mayor ATTEST Carolyn Parkmson, Intenm City Clerk