HomeMy WebLinkAboutR-11506 authorizing MOU with San Luis Obispo Regional Special Weapons and Tactics Team (SWAT)R 11506
RESOLUTION NO. 11506 (2024 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE CHIEF OF POLICE TO
ENTER INTO A MEMORANDUM OF UNDERSTANDING TO
PARTICIPATE IN THE SAN LUIS OBISPO REGIONAL SPECIAL
WEAPONS AND TACTICS TEAM (REGIONAL SWAT TEAM)
WHEREAS, the Cities of Arroyo Grande, Grover Beach, Morro Bay, Paso
Robles, Pismo Beach, San Luis Obispo, along with the California Polytechnic State
University San Luis Obispo (Cal Poly) and California State Parks have operated a
Regional SWAT Team under a previously signed written agreement; and
WHEREAS, the participating agencies chief law enforcement officers have
reviewed and prepared a new Memorandum of Understanding (MOU) updating
language in several sections, including but not limited to, the Purpose, Term, Agency
Responsibilities, Agency Budgeting and Indemnification; and
WHEREAS, the MOU has been reviewed by legal counsel for each of the
participating agencies and each counsel has approved the MOU as to form. A copy of the
MOU is attached to this Resolution as Exhibit A and is incorporated herein by reference.
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Resolution No. 11506 (2024 Series) Page 2
R 11506
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the Chief of Police may sign and enter into a Memorandum of
Understanding, in substantially the form attached hereto as Exhibit A and approved as
to form by the City Attorney, for the San Luis Obispo Police Department to participate in
the San Luis Obispo Regional Special Weapons and Tactics Team (Regional SWAT
Team).
Upon motion of Mayor Stewart, seconded by Council Member Shoresman, and
on the following roll call vote:
AYES: Council Member Francis, Shoresman, Vice Mayor Pease, and
Mayor Stewart
NOES: None
ABSENT: Council Member Marx
The foregoing resolution was adopted on the 2nd day of July 2024.
__________________________
Mayor Erica A. Stewart
ATTEST:
______________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of San Luis Obispo, California, on ____________________________.
__________________________
Teresa Purrington
City Clerk
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE ARROYO GRANDE POLICE DEPARTMENT,
THE GROVER BEACH POLICE DEPARTMENT,
THE MORRO BAY POLICE DEPARTMENT,
THE PASO ROBLES POLICE DEPARTMENT,
THE PISMO BEACH POLICE DEPARTMENT,
THE CALIFORNIA POLYTECHNIC STATE UNIVERSITY SAN LUIS OBISPO POLICE
DEPARTMENT, AND
CALIFORNIA STATE PARKS
REGARDING IMPLEMENTATION AND DEPLOYMENT OF A JOINT REGIONAL
LAW ENFORCEMENT SPECIAL WEAPONS & TACTICS TEAM
I. PARTIES
The parties of this Memorandum of Understanding (“MOU”) dated this 30th day of June,
2024, are the Arroyo Grande Police Department, Grover Beach Police Department, Morro
Bay Police Department, Paso Robles Police Department, Pismo Beach Police
Department, San Luis Obispo Police Department, California Polytechnic State University
San Luis Obispo Police Department and the State of California, through its Department
of Parks and Recreation (“State Parks”) (hereinafter referred to individually as a
“Participating Agency” and collectively as “Participating Agencies”).
II. AUTHORITY
This MOU shall be executed on behalf of each Participating Agency by its duly authorized
representative and pursuant to an appropriate resolution or ordinance of the governing
body of each Participating Agency. This MOU shall be deemed effective upon the last
date of execution by the last authorized representative. This MOU may be executed in
counterparts and be valid as if each authorized representative had signed the original
document.
III. NAME OF JOINT ORGANIZATION
The name of the team shall be the San Luis Obispo County Regional Special Weapons
and Tactics Team (“Regional SWAT Team”).
IV. PURPOSE
The Participating Agencies named in this MOU are in close geographic proximity within
San Luis Obispo County and share similar needs for police response to high risk and
critical incidents.
The Participating Agencies of this MOU will select respective personnel for joint
membership in the Regional SWAT Team. The Regional SWAT Team may operate and
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have jurisdiction in each of the Cities or jurisdictions of each Participating Agency in order
to provide their respective communities with effective and efficient delivery of key public
safety services in response to critical incidents including, but not limited to, hostage
situations, barricaded subjects, high-risk warrant services, high-risk apprehension,
dignitary protection, terrorist events, and special assignments or other incidents that
exceed the routine capability of the Participating Agencies first responders and
investigative resources. This MOU shall allow for the combination of personnel onto the
Regional SWAT Team to ensure delivery of these key services at the highest level
possible for the Participating Agencies.
The Participating Agencies recognize that response to critical incidents can be enhanced
and efficiency increased by combining police personnel with such specialized training and
expertise into a Regional SWAT Team that is available for response to any of the
Participating Agencies and in accordance with the terms and conditions set forth herein.
V. TERM, RENEWAL, AND TERMINATION OF THE AGREEMENT
a. The term of the MOU will be from June 30, 2024 to June 30, 2029.
b. To accommodate the operational needs of the Participating Agencies, upon agreement
of all parties, this MOU may be renewed for three (3) successive five (5) year periods.
c. Any Participating Agency may withdraw from this MOU at any time, without cause,
upon giving all parties written notice thereof.
d. If one (1) or more Participating Agencies terminate their participation in the Regional
SWAT Team, but the Regional SWAT Team continues to exist, the Participating
Agency(ies) terminating participation shall be deemed to have waived any right or title to
any property jointly funded by the Regional SWAT Team or share in the proceeds at the
time of disbandment.
e. If the Regional SWAT Team Governing Board (“Governing Board”) determines that a
Participating Agency is not in compliance with this MOU or the policies and procedures
established for the Regional SWAT Team, the Governing Board, by majority vote of all
Participating Agency Police Chiefs, may remove the Participating Agency from the
Regional SWAT Team and from the obligation of this MOU. A designee vote, or proxy
vote, is not valid for this action. As used herein, the term “Police Chiefs or Chiefs” shall
also be deemed to mean a Superintendent of State Parks.
f. The Regional SWAT Team may be disbanded by a majority vote of the Governing
Board. Any vote for termination shall only occur when the Police Chief of each
Participating Agency is present at the meeting in which such a vote is taken.
g. Upon termination of this MOU, or the removal of a Participating Agency from this MOU,
each Participating Agency shall retain sole ownership of the equipment purchased and
provided to its participating SWAT team members.
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h. Upon disbanding of the Regional SWAT Team, any assets acquired with grant funds
from the Department of Homeland Security (DHS) shall be turned over to the San Luis
Obispo County Office of Emergency Services, the grant administrator for San Luis Obispo
County.
i. Upon disbanding of the Regional SWAT Team, any assets acquired with joint funds of
the SWAT team’s Participating Agencies still operating at the time of the disbanding, shall
be equally divided among the Participating Agencies at the asset’s fair market value upon
termination.
j. If two or more Participating Agencies desire an asset, the final decision shall be made
by arbitration as follows:
i. The Participating Agencies interested in the asset shall select one (1) person
(Arbitrator) to determine which agency will receive the asset. If the Participating
Agencies cannot agree to an Arbitrator, the Chiefs of the Participating
Agencies participating in the Regional SWAT Team at the time of disbandment
shall meet to determine who the Arbitrator will be. The arbitrator may be any person
not employed by the Participating Agencies that desire the asset.
ii. During a meeting with the Arbitrator, each Participating Agency interested in the
asset shall be permitted to make an oral or written presentation to the Arbitrator in
such support of its position.
iii. At the conclusion of the presentation, the Arbitrator shall determine which
Participating Agency is to receive the asset. The decision of the Arbitrator shall be
final and shall not be subject to appeal or review.
VI. GOVERNANCE
A Regional SWAT Team Governing Board comprised of the Chiefs of the Participating
Agencies, shall provide oversight of the Regional SWAT Team, including but not limited
to, adoption and modification of policies and operating procedures, selection of command
staff, compliance with this MOU and fiscal management. The Governing Board will meet
monthly or as needed. The presence of five (5) Governing Board members, or their
designee, constitutes a quorum.
A presiding officer, known as the Chair, shall, at all times, be a Police Chief from a
Municipal agency within San Luis Obispo County. The Chair shall have at least one year
of experience as a Police Chief in San Luis Obispo County and must have previously
served as a Vice Chair prior to ascending to the Chair position.
The subsequent presiding officer, known as the Vice Chair, shall take office in January of
each year. The Vice Chair will act as the Chair in the absence of the Chair for any
meetings. The Vice Chair shall be appointed to their role based on a geographical
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accession plan beginning with the South County agencies and ascending to the North
County agencies. The Vice Chair will ascend to the Chair position after the term of the
presiding officer has concluded, or in the instance of the presiding officer vacating the
Chair. The Vice Chair will complete the term of the vacating Chair and then start their
annual term the following January.
Each member of the Governing Board shall have an equal vote and voice on all Board
decisions. All Governing Board decisions shall be made by a majority vote of the
Governing Board members, or their designees, appearing at the meeting in which the
decision is made. A majority of Governing Board members, or their designees, must be
present at each meeting for any actions taken to be valid.
VII. NOTICES
Notices and communications between the Participating Agencies shall be sufficiently
given if sent by first-class mail, e-mail, personal delivery, or facsimile transmission, to the
Chief of Police of the Participating Agencies. The Chair shall provide no less than forty-
eight (48) hours’ notice of all meetings to all members of the Governing Board; provided,
however, that in emergency situations, the Chair may conduct a telephonic meeting or a
poll of individual Governing Board members to resolve any issues related to such
emergency.
VIII. SWAT TEAM COMMAND STRUCTURE
a. Personnel and Selection. The Regional SWAT Team shall consist of employees from
the Participating Agencies assigned as tactical officers, tactical supervisors and
commanders, crisis negotiators, and support personnel. The Regional SWAT Team
configuration may be comprised of as many sub-teams or reserve teams as needed for
a particular incident. The appointment of the Regional SWAT Commander and Tactical
Commander(s) will be made by the Governing Board.
b. Incident Commander. The Participating Agency where an incident occurs shall be in
overall command and control of the incident and shall designate an Incident Commander
from their command level.
c. SWAT Commander. The Regional SWAT Commander will serve as part of the Incident
Command staff in all jurisdictions and will directly oversee the Regional SWAT Team
tactical command and the operational control of the Regional SWAT Team. The Regional
SWAT Commander and the Tactical Commander are responsible for the actual
deployment of the Regional SWAT Team, tactical decision making and tactical resolution
of the incident, with approval of the Incident Commander.
d. Command and Control of Staff. While engaging in any Regional SWAT Team activity,
it is understood that the collaborative effort of the Regional SWAT Team entails respect
for the established chain of command within the team. However, it is imperative to
maintain the integrity of personnel within the respective city jurisdiction where the SWAT
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activity is happening. Therefore, jurisdictional control over personnel, outside of the
Regional SWAT Team, including peace officers, civilian employees, community service
officers, or volunteers, shall remain under the authority of the City Incident Commander
or their designated representative and in Unified Command with the Regional SWAT
Team. This ensures seamless coordination between the Regional SWAT Team and the
Incident Commander, facilitating efficient operations.
IX. REQUESTS FOR SWAT TEAM ACTIVATION
To request Regional SWAT Team activation, the Participating Agency command staff
shall contact the San Luis Obispo Police Department Dispatch Center and request to
speak to the Regional SWAT Team Commander. Should the Regional SWAT Team
Commander be unavailable, the request will then be made to the Tactical Commander,
or if unavailable, finally to the Assistant Tactical Commander(s). When it is agreed that
activation will occur, the San Luis Obispo Police Department Dispatch Center will begin
the call-out procedures starting with the Regional SWAT Team leadership. If contact
cannot be made with the Regional SWAT Team Commander, Tactical Commander, or
Assistant Tactical Commander(s) then there will be no call-out of the Regional SWAT
Team.
X. PARTICIPATING AGENCY RESPONSIBILITIES
a. Participating Agency Staffing. The Participating Agencies will assign and
maintain personnel for the Regional SWAT Team sufficient to provide appropriate
joint coverage for critical incidents in any of the Participating Agencies’
jurisdictions, but no fewer than one sworn peace officer, assigned and trained as
a SWAT Team Operator. Each Participating Agency will respond to requests for
Regional SWAT Team services in all participating jurisdictions as promptly and
fully as practical, based on established response criteria and so long as the
Participating Agency is in good standing. Good standing means the Participating
Agency has met their financial and personnel obligations to the Regional SWAT
Team and that participating team members have attended mandatory training and
are properly equipped. Participating Agencies not in good standing may petition
the Governing Board for a majority vote for consideration of a temporary financial
offset to maintain Regional SWAT Team services in the amount of $12,000
annually or $1000 monthly (prorated) until the Participating Agency is able to meet
the minimum personnel contribution. The Chiefs of each Participating Agency may
accept or decline the services of the Regional SWAT Team or may withdraw their
employees from any Regional SWAT Team response for any legitimate reason.
i. Public Information and Media Requests. Any release of public
information in response to a public information request will be made in
compliance with the California Public Records Act (CPRA). Each agency
will be responsible for responding or coordinating a response to CPRA
requests they receive. Information in possession of one agency may not
necessarily be in the possession of the other agency, making it necessary
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for each to be responsible for requests received by said agency. The law
enforcement agency having primary jurisdiction over the location to which
the Regional SWAT Team responds during any specific critical incident or
other event will be responsible for overall media relations for the duration of
that event, including providing a Public Information Officer / Spokesperson
at the scene of the incident if necessary; although that agency may request
assistance of personnel from another Participating Agency for the purpose
of media relations if needed.
ii. Detective and Investigative Support. The agency of primary jurisdiction
in which the SWAT incident is occurring, will provide at least one (1) sworn
peace officer assigned to Criminal Investigations or comparable position
with like responsibilities to serve as an investigative resource in procuring
search and/or arrest warrants, evaluating criminal charges, and when
necessary, liaising with command and/or and the District Attorney’s Office
on criminal charges.
iii. Personnel Qualifications. The Governing Board shall establish uniform
minimum qualifications and appropriate selection processes for Regional
SWAT Team members, including the SWAT Commander and Tactical
Commander positions. Each Participating Agency may establish additional
minimum qualifications for their personnel to be considered for the Regional
SWAT Team.
b. Policies, Procedures, Guidelines and Regulations. The Participating Agencies
agree that their employees will adhere to the policies, procedures, guidelines, and
regulations of the Regional SWAT Team. Personnel assigned to the Regional SWAT
Team shall be deemed to be continuing under the employment of their respective agency
and shall have the same powers, duties, privileges, responsibilities, and immunities as
are conferred upon them as Peace Officers and Support Staff employees in their own
jurisdiction. Actions taken by individual personnel from the Participating Agencies shall
be subject to the policies and procedures of their respective agency, to include the
appropriate Use of Force policies. In the event any personnel from a Participating Agency
should be ordered by the agency of jurisdiction's incident commander or SWAT command
personnel to engage in an action, or refrain from engaging in an action, that the
Participating Agency's personnel believes would result in violation of their agency's
policies and procedures, this fact shall immediately be brought to the attention of the
incident commander or the SWAT command personnel unless such notification risks
immediate loss of life or damage to property. Should the incident commander or the
SWAT command personnel order the Participating Agency personnel to engage in such
action, or to refrain from engaging in an action, notwithstanding such notification, the
agency of jurisdiction shall hold harmless, defend and indemnify the Participating Agency
and its officials, employees and agents against any and all claims arising out of such
action or failure to act..
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c. AB 481 Reporting. In compliance with AB 481, codified in Government Code sections
7070 through 7075, all Participating Agencies shall list the Regional SWAT Team’s
potential use of “military equipment” in their jurisdiction during their annual reporting to
their respective governing body. Each Participating Agency should also report the use
and replacement of the military equipment used by their respective members.
d. Administrative Investigations. Any administrative investigation of a Regional SWAT
Team member shall be conducted by the Participating Agency employing the Regional
SWAT Team member. Any administrative action resulting from such an investigation shall
be at the discretion of the Regional SWAT Team member’s employing agency.
Investigatory findings which may impact the fitness for duty of a Regional SWAT Team
member will be promptly reported to the Governing Board consistent with the Peace
Officer’s Procedural Bill of Rights and Penal Code 832.7. The Participating Agency shall
always retain the discretion to remove the member from the Regional SWAT Team.
XI. BUDGET, EQUIPMENT, AND TRAINING
a. Participating Agency Budget. Each Participating Agency shall financially
contribute annually for consumable Regional SWAT Team supplies, training
and equipment used during a Regional SWAT Team training or
deployments.
i. The Governing Board may appoint the finance department of a
municipal Participating Agency (City) to manage the finances of the
Regional SWAT Team. Before appointing the finance department of
a particular City, the Governing Board shall consult with the finance
department and obtain its approval. The duty of managing the
finances for the Regional SWAT Team may be rotated to other
municipal Participating Agencies at the discretion of the Governing
Board. A budget report should be made available at the request of
the Governing Board for annual review. It is recommended that each
Participating Agency maintain an independent budget tracking
system to track funds expended by its participating Regional SWAT
Team members.
ii. As required by this agreement, the Participating Agencies
acknowledge and agree that funding under this MOU will be made
from funds available to the Participating Agencies. Funding for the
participation in, and expenditures paid or incurred for the execution
of, this MOU have been made, or will be made in successive years,
as provided, and approved through the respective annual budgets
approved by the Participating Agencies governing bodies or at the
Agency Head’s discretion, as applicable to each respective
Participating Agency’s own policies and procedures.
iii. Each Participating Agency shall deposit an annual contribution of five
thousand dollars ($5,000.00) to the Regional SWAT Team account,
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no later than September 1st of each year of the MOU. The City
whose finance department has agreed to act as the financial
manager for the Regional SWAT Team and appointed to this role by
the Governing Board shall receive an annual administrative fee as
set by the Governing Board and agreed upon by the financial
manager City. When applicable, the financial manager City will
collect the administrative fee as of September 1st of each year or
after the last city has paid their annual contribution, whichever occurs
later. Invoicing will occur no later than August 1st of each year of the
MOU, with net 30 days to deposit funds. Financial reporting and
expenditures against the Regional SWAT Team account will be in
accordance with policies established by the Regional SWAT Team
Governing Board.
.
b. Personnel Costs. Participating Agencies will be responsible for all personnel costs
and obligations associated with the staff members they assign to the Regional SWAT
Team, including costs associated with salary and benefits, overtime, training, and
workers’ compensation. Each Participating Agency will be responsible for their respective
personnel costs during each Regional SWAT Team activation, scheduled training,
briefings and team meetings.
c. Equipment. Each Participating Agency will be responsible for the costs of all
necessary individual tactical equipment and weapon(s) issued to the Regional SWAT
Team members from that Participating Agency for use during Regional SWAT Team
training and deployment.
d. Joint Capital Expenditures. The Governing Board must approve all joint capital
expenditures for the Regional SWAT Team.
e. Participation in Training. Participating Agencies agree that Regional SWAT Team
abilities are highly perishable and specialized. For this reason, each Participating Agency
will attempt to accommodate the team members in attending the training to the best of
that agency’s ability. Routine failure to attend scheduled training may result in a
Participating Agency’s team member being removed or suspended from the Regional
SWAT Team.
XII. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION
a. Each Participating Agency is an independent entity, and this MOU does not create
a separate legal entity. Each Participating Agency shall, always, remain an independent
entity solely responsible for all acts of its employees or agents, including any negligent
acts or omissions.
b. Each Participating Agency shall consider any request and deployment of the
Regional SWAT Team a request for assistance by the requesting law enforcement
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agency. It is the intent of the Participating Agencies to provide services of the Regional
SWAT Team without the threat of being subject to liability to one another and to fully
cooperate in the defense of any claims or lawsuits arising out of or connected with the
Regional SWAT Team actions that are brought against the jurisdictions.
c. Each Participating Agency that assigns employees to the Regional SWAT Team
pursuant to this MOU or deploys personnel with the Regional SWAT Team for limited or
special purposes shall retain full financial responsibility for its own employees, for all
vehicles and other equipment owned, leased, or used by its own employees, and for any
injury or liability claims, including workers’ compensation claims, made by its own
employees. Each Participating Agency shall defend, indemnify and hold harmless each
and every other Participating Agency and their officers and employees from and against
any and all liability, losses, claims or damages whatsoever, resulting from the acts or
omissions of the indemnifying Participating Agency or its officers or employees related to
participation on the Regional SWAT Team or from any defects in vehicles or other
equipment owned or leased by the indemnifying Participating Agency and used by the
Regional SWAT Team.
d. In the event of concurrent or shared negligence of a City, its officer and/or
employees, and any other party to this MOU, its officers, employees, and/or agents then
the liability for any and all claims for injuries or damages to persons and/or property which
arise out of any incident or event in which a party has used the Regional SWAT Team
under the terms and conditions of this MOU, shall be apportioned by the parties under
the California doctrine of comparative negligence as established presently, or may be
altered hereafter. If the parties fail to agree on the apportionment, then the apportionment
shall be established by an arbitrator mutually selected by the parties to this MOU, or by
the Court.
e. Insurance. Each Participating Agency shall always maintain in full force during the
performance of this MOU, a policy, or policies of insurance (or self-insurance covering
same) and in the minimum limits of liability as stated herein.
i. Comprehensive general liability, on an “occurrence” basis, including but not
limited to premises, personal injuries, products, advertising injury, and completed
operations for combined single limit of not less than $1,000,000 per occurrence. If
the general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit.
ii. Comprehensive automobile liability, including but not limited to property
damage, bodily injury, and personal injuries for combined single limit of not less
than $1,000,000 per occurrence.
iii. Worker’s Compensation as required by law.
XIII. MODIFICATIONS
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This MOU may be modified, amended, or altered by agreement of all Participating
Agencies and such alteration, amendment, or modification shall be effective when
reduced to writing and approved by the Police Chiefs of the Participating Agencies.
XIV. RECORDS RETENTION
Each Participating Agency shall maintain employee training records related to their team
members assigned to the Regional SWAT Team. The Regional SWAT Team SWAT
Commander will be responsible for ensuring the training records for Regional SWAT
Team in accordance with the Regional SWAT Team Policy Manual.
XV. IMPLEMENTATION GUIDELINES
The Chiefs of the Participating Agencies shall jointly promulgate this MOU, as approved
by their Participating Agency Attorney as to form.
XVI. SEVERABILITY
If any part, paragraph, section, or provision of this MOU is held to be invalid by any court
of competent jurisdiction, such adjudication shall not affect the validity of any remaining
section, part, or provision of this MOU.
XVII. WAIVER
Any waiver of any terms and conditions hereof must be in writing and signed by the
Participating Agencies hereto. A waiver of any of the terms and conditions hereof shall
not be construed as a waiver of any other terms or conditions in this MOU.
IN WITNESS WHEREOF, this MOU is executed by the following agencies:
By signing below, the signor certifies that they have the authority to sign this MOU on
behalf of their Participating Agency, and the Participating Agency agrees to the terms of
this MOU.
________________________________ _______________________________
Michael Martinez, Date Jim Munro, Date
Chief of Police Chief of Police
City of Arroyo Grande City of Grover Beach
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________________________________ _______________________________
Amy Watkins Date Damian Nord Date
Chief of Police Chief of Police
City of Morro Bay City of Paso Robles
________________________________ _______________________________
Jeff Smith Date Rick Scott Date
Chief of Police Chief of Police
City of Pismo Beach City of San Luis Obispo
_______________________________ _______________________________
George Hughes Date Dan Falat Date
Chief of Police Superintendent
California Polytechnic State University State of California
Police Department Department of Parks and Recreation
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8/9/2024 8/10/2024
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Participating Agencies
San Luis Obispo County Regional Special Weapons and Tactics Team
(Regional SWAT)
As of March 1, 2024
City of Arroyo Grande Police Department
City of Grover Beach Police Department
City of Morro Bay Police Department
City of Paso Robles Police Department
City of Pismo Beach Police Department
City of San Luis Obispo Police Department
California Polytechnic State University Police Department
California State Parks
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