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TO: Mayor and City Council
FROM: Richard J. Veenstra
Corporation Counsel
DATE: October 28, 2024
SUBJECT:
Agreements for obtaining data from other governmental entities
PURPOSE:
To authorize the execution of agreements with other governmental entities providing for access to the other entity's data.
BACKGROUND:
From time-to-time it is necessary for a City Department to obtain information from another governmental entity in order to perform its duties on behalf of the City. Just as the City has required its partners to demonstrate the presence of robust cybersecurity matters prior to allowing access to the data it maintains, other governmental entities are asking the City do the same prior to granting staff access to their data.
Recently, the Secretary of State's Office has requested that the City, rather than its Law Department, authorize the execution of an agreement that would allow our prosecutors and support staff access to the Secretary of State's driving and vehicle registration data of defendants charged under local ordinances. Since department heads current possess very limited authority beyond purchasing to bind the City, the City Council must 1) approve each of these agreements on a case-by-case basis or 2) delegate limited additional authority to Department Heads to execute them on the City's behalf.
DISCUSSION:
The proposed resolution follows the second path - and affords limited authority to Department Heads, and only to Department Heads, to execute these agreements on behalf of the City after 1) review and approval by the Law Department, and 2) review by the Chief Information Security Officer. The CISO's review shall include verification that the City has the technical capabilities to fully comply with the obligations placed on it by the proposed agreement and confirmation that any reciprocal data sharing obligation placed on the City by the agreement are governed by the City's own policies and that the counter party has the technical capacity to fully comply with the obligations thereof.
The limited authority granted to Department Heads under this section shall extend only to agreements with public agencies.
IMPACT STATEMENT:
Approval of this resolution will facilitate the City's access to data shared by public entities and ensure that the City has the technical capabilities to fully comply with its obligations under these agreements.
RECOMMENDATIONS:
This that the Council approve this Resolution.
cc: Rules, Administration, and Procedures Committee
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution authorizing the Department Heads of the City to enter into agreements with public agencies for access to certain data thereof.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, Section 10(a) of Article VII of the Illinois Constitution of 1970 authorizes units of local government and school districts to contract or otherwise associate among themselves, with the State, with other states and their units of local government
and school districts, and with the United States to obtain or share services and to exercise, combine, or transfer any power or function, in any manner not prohibited by law or by ordinance; and
WHEREAS, Section 3 of the Intergovernmental Cooperation Act provides that any power or powers, privileges, functions, or authority exercised or which may be exercised by a public agency of this State may be exercised, combined, transferred, and enjoyed jointly with any other public agency of this State and jointly with any public agency of any other state or of the United States to the extent that laws of such other state or of the United States do not prohibit joint exercise or enjoyment; and
WHEREAS, from time to time it is necessary and convenient for the officers and employees of the City to have access to certain data held by other public agencies in the performance of their official duties; and
WHEREAS, prior to granting access to their data, it has become customary for other public entities to require that City personnel adhere to certain protocols and procedures with the respect to their access and maintenance of such data; and
WHEREAS, the City Council finds that it is necessary and prudent to require that the Law Department and the Information Technology Department examine proposed agreements between the City any other public agency for access to the public agency's data prior to its execution; and
WHEREAS, the City Council finds that the Department Heads of the City, within the limitations set forth by this Resolution are able to appropriately discern both need and propriety of entering into agreements for access to the data of other public entities without the need for specific City Council approval; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that subject to the following limitations, the Department Heads of the City may enter into agreements with other public agencies on behalf of the City for the access to any data possessed by such agency if:
1. The Agreement provides a written basis for the City's need to access the data of the other public agency and that the access to such data is necessary for the performance of the official duties of city personnel;
2. The Corporation Counsel approves in writing the proposed agreement as to form prior to its execution;
3. The Chief Information Security Officer verifies in writing that the City has the technical capabilities to fully comply with the obligations placed on it by the proposed agreement and confirms in writing. that any reciprocal data sharing obligation placed on the City by the agreement are governed by the City's own policies and that the other public agency has the technical capacity to fully comply with the obligations thereto;
4. The Agreement does not require the City to renumerate the other public agency for access to its data in an amount that exceeds a Department Head's purchasing authority;
5. The Agreement does not require indemnification of the other public agency other than to the extent specifically allowed by the Local Governmental and Governmental Employees Tort Immunity Act; and further
BE IT RESOLVED, that the term "Department Head" shall be construed and limited to the heads of the Departments of the City, as defined by the Code of Ordinances as well as to the Chief Management Officer of the City and the Chief of Staff of the Office of the Aldermen; and further
BE IT RESOLVED, that upon execution, the Department Head shall provide a copy of each agreement to the Chief Information Security Officer.